Beneficiary of life insurance are entitled to benefits under
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Copyright 2009 Strafford Publications, Inc.All rights reserved Texas Insurance Law & Litigation Alert
15 February 2009
Pg 4
260 words
Beneficiary of life insurance are entitled to benefits under the former husband of the life insurance policy, Life Ins. Co. of N. Am v. Ortiz, 535 F.3d 990 (9th Cir. 2008), cert. denied, No. 08-738 (U. S. January 21, 2009)
The Supreme Court refused to review a Ninth Circuit United States Court of Appeal decision of a divorce decree did not surrender a life insurance beneficiary of his right to benefits of life insurance Under her ex-husband of the policy.
The Ninth Circuit in the language of the divorce decree that awarded "[t] he rights, title and interest in all or part of [her husband] for pension / retirement, 457 (b) plans, 401 (k) or d other deferred benefits "the husband was insufficient, under California law, to waive the ex-wife's status as beneficiary of the policy of her husband because it was not clear from the text agreement on the fact that this statute was considered and intentionally waived.
In addition, the Ninth Circuit has the divorce decree did not extinguish the former spouse beneficiary status if the pre-printed on the form of divorce stated that "[i] t does not ' automatically cancel the rights of a spouse as beneficiary on the other spouse life insurance. "In addition, the record evidence that the husband and his lawyer did not divorce to end the ex-wife's beneficiary status suggested that the divorce decree did not extinguish its status as beneficiary. (See IL & 5 LW 1254, Sept. 1, 2008, for a summary of the Ninth Circuit decision.)
Source: Texas Insurance Law and Litigation Alert, 02.15.2009
Copyright © 2009 by Strafford Publications, Inc. http://www.straffordpub.com/ All rights reserved. Storage, reproduction or transmission by any means is prohibited except under a valid license agreement.
17 February 2009
Copyright © 2009 LexisNexis, a division of Reed Elsevier Inc.. All rights reserved
Terms and Conditions Privacy Policy
15 February 2009
Pg 4
260 words
Beneficiary of life insurance are entitled to benefits under the former husband of the life insurance policy, Life Ins. Co. of N. Am v. Ortiz, 535 F.3d 990 (9th Cir. 2008), cert. denied, No. 08-738 (U. S. January 21, 2009)
The Supreme Court refused to review a Ninth Circuit United States Court of Appeal decision of a divorce decree did not surrender a life insurance beneficiary of his right to benefits of life insurance Under her ex-husband of the policy.
The Ninth Circuit in the language of the divorce decree that awarded "[t] he rights, title and interest in all or part of [her husband] for pension / retirement, 457 (b) plans, 401 (k) or d other deferred benefits "the husband was insufficient, under California law, to waive the ex-wife's status as beneficiary of the policy of her husband because it was not clear from the text agreement on the fact that this statute was considered and intentionally waived.
In addition, the Ninth Circuit has the divorce decree did not extinguish the former spouse beneficiary status if the pre-printed on the form of divorce stated that "[i] t does not ' automatically cancel the rights of a spouse as beneficiary on the other spouse life insurance. "In addition, the record evidence that the husband and his lawyer did not divorce to end the ex-wife's beneficiary status suggested that the divorce decree did not extinguish its status as beneficiary. (See IL & 5 LW 1254, Sept. 1, 2008, for a summary of the Ninth Circuit decision.)
Source: Texas Insurance Law and Litigation Alert, 02.15.2009
Copyright © 2009 by Strafford Publications, Inc. http://www.straffordpub.com/ All rights reserved. Storage, reproduction or transmission by any means is prohibited except under a valid license agreement.
17 February 2009
Copyright © 2009 LexisNexis, a division of Reed Elsevier Inc.. All rights reserved
Terms and Conditions Privacy Policy
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