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Cases of Interest: Life Insurance
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GEORGIA: Waggaman v. Franklin Life Insurance Co., ___ Ga. ___, 458 S.E.2d 826 (1995).
The doctrine of res judicata barred the former husband from pursuing an action for a declaratory judgment that he owned an insurance policy on his life, where the parties' divorce decree had awarded that policy to the wife.
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KENTUCKY: Hughes v. Scholl, 900 S.W.2d 606 (Ky. 1995).
The rights of an insurance policy beneficiary are not affected by the mere fact of a divorce between the beneficiary and the insured.
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MICHIGAN: Massachusetts Indemnity & Life Insurance Co. v. Thomas, ___ Mich. App. ___, 520 N.W.2d 708 (1994).
Waiver provision in the parties' property settlement agreement meant that the former wife was not entitled to proceeds of a policy insuring the former husband's life, even though she herself had purchased the policy and paid the premiums.
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NEW JERSEY: In re Santos, 283 N.J. Super. 26, 660 A.2d 1271 (Ch. Div. 1994) (released 1995).
A divorce alone does not impliedly revoke the designation of a former spouse as a beneficiary of a life insurance policy.
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OKLAHOMA: Bigbie v. Bigbie, 898 P.2d 1271 (Okla. 1995).
The husband's contractual right to future commissions for renewal premiums on life insurance policies was marital property.
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TENNESSEE: Bell v. Bell, 896 S.W.2d 559 (Tenn. Ct. App. 1994).
Since the wife, as beneficiary, had only an expectancy in the husband's term life insurance policy, a temporary injunction generally prohibiting property transfers did not preclude him from changing beneficiaries during the divorce proceedings.
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