(Download) "Fortenberry v. New York Life Insurance Co." by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Fortenberry v. New York Life Insurance Co.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 01, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Anticipating his marriage which occurred a month later, plaintiffs decedent Gary C. Fortenberry took out a whole life insurance policy with the defendant insurance company. His fiancee was named therein as beneficiary, and as his widow she some six months later filed a death claim under the policy. Pursuant thereto she was paid the face amount ($32,679.00), plus a further like amount under the double indemnity provisions, since decedents death in an automobile collision was accidental. Thereafter the plaintiff, decedents father, filed the complaint in the present action alleging that prior to his death Gary Fortenberry had "ordered [defendants agent Hal Newman] on at least two occasions to change the beneficiary", and that by reason of the "fraud and misrepresentation" in connection with decedents request further alleged that the defendant "is now estopped to deny that said beneficiary change was made." In its answer, the defendant quoted the change of beneficiary provision of the contract of insurance, which was in standard form and provided for such change to be "by written notice in form satisfactory to the Company", and further providing, "No such change will take effect unless recorded in the records of the Company... ."
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