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    Personal Injury and Insurance Law Legal Research Blog

    Amy Gore

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    INSURANCE: Automatic Revocation of Beneficiary upon Divorce

    Posted by Amy Gore on Mon, Nov 26, 2018 @ 11:11 AM

    Amy Gore—Senior Attorney, National Legal Research Group

                The area of presumed intent in the designation of life insurance policies has long been a source of dispute and litigation. When a state legislature enacts statutes that address an automatic revocation of insurance beneficiary status under particular circumstances, additional litigation is likely to result. Such was the case in Sveen v. Melin, 138 S. Ct. 1815, 1817 (2018). There, a couple were married in 1997 and the following year the named insured designated his wife as the primary beneficiary under his life insurance policy, and his two children from a prior marriage as contingent beneficiaries. The couple divorced in 2007, and the divorce decree never addressed the disposition of the life insurance policy or the rights of the contingent beneficiaries. Upon the named insured's death in 2011, both the wife and the two children made competing claims for the entire proceeds. The children of the named insured relied on Minnesota Statutes § 524.2-804, subd. 1, which provided that divorce revoked the beneficiary designation of any former spouse. The former spouse asserted that the statute, which was not in effect at the time the policy was purchased and the time she was designated as a beneficiary, violated the Contract Clause, U.S. Const. art. 1, § 10, cl. 1. 

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    Topics: insurance law, presumed intent, Amy Gore, life insurance beneficiary

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