308 Mass. 333 | Mass. | 1941
These two cases, one at law and the other in equity, relate to the proceeds of a certificate of insurance issued upon the life of Adolph Adams, deceased, under a policy of group life insurance by the Metropolitan Life Insurance Company. In the action at law which was brought first, the widow of the deceased sought to recover the proceeds from the insurance company. While the action was pending she died, and the executrix of her will was substituted as party plaintiff. In the suit in equity the plaintiffs seek to compel the defendant to deliver to them the certificate of insurance. In the action at law the insurance company filed a petition and answer by way of inter-pleader (G. L. [Ter. Ed.] c. 231, § 40), setting forth that Hector, Rudolph and Elmer Adams, children, and Doris Maguire, a grandchild of the insured (by his daughter Florille), claimed the proceeds. Thereupon an order was entered substituting the claimants as parties defendant, allowing the insurance company to pay into court the proceeds of the insurance, and directing, that when payment was so made the action.be discontinued against the insurance company and its liability as represented by the certificate of insurance be discharged. Payment was so made into court. In the action at law, jury trial was waived and the case was referred to an auditor. It was agreed that his
The material facts may be summarized as follows: Adolph Adams was the husband of Josephine Adams, who survived him. Prior to his death he was employed by the Westinghouse Electric & Manufacturing Company, which carried a group insurance policy on the respective lives of certain of its employees, of whom Adolph was one. Under the group plan a certificate in the sum of $4,000 was issued to him. From the date of its issuance to his death, his wife was named as sole beneficiary.
Under section 15 of the group policy it was provided that
Section 16 of the group policy, so far as material, reads thus: “Any Employee insured hereunder may, from time to time, change the Beneficiary designated in his Certificate by filing written notice thereof with the Employer accompanied by the Certificate of such Employee. Such change shall take effect upon endorsement thereof by the Employer on such Certificate and unless the Certificate is so endorsed, the change shall not take effect. After such endorsement, the change shall relate back and take effect as of the date the Employee signed said written notice of change, whether or not the Employee is living at the time of such endorsement, but without prejudice to the Company on account of any payment made before receipt of such written notice.”
The certificate issued to Adolph by the Westinghouse company under the group policy is dated August 1, 1937. From that date it was kept in a box which contained papers belonging to Adolph, as well as papers that were the property of his wife, Josephine. Each customarily had had access to this box which was in their home. On March 20, 1939, Adolph was taken to a hospital. He was suffering from a cardiac ailment. He died on March 27, 1939, at 11:20 a.m. During the week preceding his death he told his sons Hector and Rudolph that he wished to change the beneficiary under the certificate of insurance, from his wife to his four children, Rudolph, Hector, Elmer and Florille. On March 26, 1939, Florille died leaving a daughter, Doris Maguire, one of the plaintiffs in the equity suit, and on March 27, 1939, Rudolph and Hector, at the request of their father, Adolph, procured from the Westinghouse company
The sole issue is whether the acts of Adolph were sufficient to constitute substantial compliance with the provisions of the policy of insurance relative to changing beneficiaries.
It is settled in this Commonwealth that, after the death of the insured, the insurer cannot by interpleader or otherwise waive conditions precedent contained in a policy of insurance relative to change of beneficiaries. Kochanek v. Prudential Ins. Co. 262 Mass. 174, 177, 178, and cases cited. Resnek v. Mutual Life Ins. Co. 286 Mass. 305, 309, 310. Goldman v. Moses, 287 Mass. 393, 397. These cases also establish that a substantial compliance with the provisions of the policy regulating change of beneficiaries must be
While the court is alert to protect the interest of the beneficiary named in a policy of insurance against fraud, overreaching and undue influence on the part of others, and recognizes the right of the insured to change the beneficiaries in accordance with the terms of the policy of insurance, yet it is settled that if the insured has not sufficiently complied with the requirements for change prior to his death, his death serves to vest in the beneficiary named the right to the proceeds, and no act of the insurer or other claimants can prejudice that right.
In the cases at bar it appears that Adolph made no demand upon his wife for surrender of the certificate and that no such demand was made in his behalf. None of the claimants requested surrender of the certificate until after the death of Adolph and the bringing of the suit in equity. Cases holding that no such request would be necessary if it clearly appeared that it would be futile
We are of opinion that on the facts found it cannot be said that the acts of Adolph were a sufficient compliance with the terms of the policy. It fofiows that in the action
So ordered.
In the suit in equity the final decree must be reversed, and a final decree entered dismissing the bill with costs.
Ordered accordingly.
See cases cited in 13 B. U. Law Rev., at pages 427, 428.