Brown v. Di Petta

Summary

The Florida appellate court affirmed summary judgment for Roberta Di Petta in an interpleader action concerning the proper beneficiary of a life insurance policy. The court held that the decedent’s intent to change the beneficiary was insufficient because he had not strictly complied with the insurer’s contractual procedures for making the change. The insurer’s filing of the interpleader action did not waive those requirements.

Holdings

1. A beneficiary under a life insurance policy may be changed only through strict compliance with the conditions set forth in the policy.
2. Mere intent to change a life insurance beneficiary is legally insufficient absent an effective beneficiary designation on the form required by the insurer.
3. An insurance company's filing of an interpleader action does not waive the policy's binding requirements for effectuating a change of beneficiary.

Questions Presented

1. Whether a life insurance beneficiary may be changed without strict compliance with the change-of-beneficiary procedures specified in the policy.
2. Whether the decedent's mere intent to change the beneficiary was legally sufficient absent an effective designation on the insurer's required form.
3. Whether the insurance company's filing of an interpleader action waived its contractual requirements for changing the beneficiary.

Disposition

affirmed