Cook v. Equitable Life Assurance Society case brief

Cook v. Equitable Life Assurance Society case brief summary
428 N.E.2d 110 (1981)

CASE SYNOPSIS

Appellants, the estate, second wife, and son of decedent insured, sought review of a summary judgment granted by the Bartholomew Circuit Court (Indiana) in favor of appellee, the first wife of the insured, in an interpleader action brought by the insured's life insurance provider.

CASE FACTS
The insured named his first wife as the beneficiary of his life insurance policy prior to their divorce. After his divorce, he married his second wife and had a son with her. Although he never changed the beneficiary of the life insurance policy, he made a holographic will leaving the proceeds from the life insurance policy to his second wife and son. The trial court entered summary judgment in favor of the first wife.

DISCUSSION

• The court affirmed. 
• The court held that in order for the second wife and son to have defeated the motion for summary judgment in this case, they must have made some showing that the insured had done all within his powers or all that reasonably could have been expected of him to comply with the policy provisions respecting a change of beneficiary, but that through no fault of his own he was unable to achieve his goal. 
• Here there was no such indication or implication.

CONCLUSION
The court affirmed the judgment of the trial court granting summary judgment in favor of the insured's first wife in an interpleader action brought by the insured's life insurance provider.


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