Category: Life Insurance

Duhame v. Duhame

Constructive trust for life insurance proceeds for benefit of minor children was appropriate where divorce stipulation required decedent to maintain his minor children as beneficiaries of policy through his employment. Support provisions did not end with his retirement, so life insurance requirement continued.

Parge v. Parge

Minor children from first marriage were not entitled to constructive trust upon life insurance proceeds where the policies were acquired by the decedent following remarriage, even though divorce decree required life insurance, even though none existed at the time.

Singer v. Jones

Where husband was required to name child as beneficiary on “all existing” policies, canceled policy in existence and named second wife as beneficiary on new policy, court can impose a constructive trust per Duhame.

Socha v. Socha

Trial court cannot impose a constructive trust on proceeds of a life insurance policy where husband changed the beneficiary during a divorce action, contrary to court order. Chapter 766 provides the exclusive cause of action between spouses in matter involving martial property.

Pluemer v. Pluemer

(1) There is no requirement that life insurance stipulations be support-related for a court to impose a constructive trust over the proceeds (2) Summary judgment was improperly granted where there was an issue of whether the second wife fell within the ambit of the bona fide purchaser exception.