High court reinstates Dubuque suit [Telegraph-Herald (Dubuque, IA)]
| By ERIC MANDEL | |
| Proquest LLC |
In a 55-page, 4-3 decision filed
The majority opinion from justices explained why
In 1993, Tom and his wife, Michele, purchased life insurance from
According to Michele, Tom asked Schiffer to change the beneficiary designation once the obligation ended, however no paperwork was ever completed. When Tom died in 2007, the policy was still split with Tom's daughter receiving the first
Michele filed a lawsuit against
The court of appeals
affirmed the summary judgment.
The majority opinion from the justices found that Ackley erred when granting the summary judgment on all of plaintiff's claims.
"Michele was not claiming that Tom followed the proper procedures and that the beneficiary had actually been changed," the court wrote.
"She was claiming that, despite the beneficiary designation, Tom intended her to be the sole beneficiary of his policy."
The justices said the question was not as simple as whether Tom's oral desire to change the beneficiary on his policy was effective or whether it gave Schiffer the authority to change the beneficiary.
"The questions are whether Schiffer was negligent in responding to Tom's oral request, if made, and whether Schiffer made negligent misrepresentations after allegedly receiving Tom's oral request," they wrote.
Justice
The dissent asserted the importance of having the intended beneficiary being written.
"The daughter, not Michele, was the 'expressed' beneficiary of the
Instead, they wrote, there is "a swearing contest" over whether a change to the written plan was requested and over who is to blame for failing to carry that change into effect.
"Allowing people to file suits alleging that someone who wasn't their agent negligently failed to arrange for them to receive a benefit-without written proof they were supposed to receive that benefit-will lead to uncertainty and instability," they wrote.
The case will return to
| Copyright: | (c) 2012 ProQuest Information and Learning Company; All Rights Reserved. |
| Wordcount: | 613 |


Tri-state people [Telegraph-Herald (Dubuque, IA)]
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