Lincoln Life and Annuity Company of New York v. Caswell
Supreme Court of New York, Appellate Division
31 A.D.3d 1 (2006)
Relevant factsFree
Martha Hubbard took out a life insurance policy requiring a signed request to change beneficiaries; she submitted such a request naming her son Robert as beneficiary and Benjamin Caswell (plaintiff) as contingent beneficiary. Robert predeceased Martha, leaving Caswell as the sole remaining beneficiary. Martha later executed a will devising the policy proceeds to various other people and charities; after her death, both Caswell and the executors of her estate (defendants) claimed the insurance proceeds.
IssueFree
Whether, if an insurance policy requires certain action in order for the insured to change the policy's beneficiary, the insured may change the beneficiary by will.