Summary
The Florida District Court of Appeal held that an insured’s failure to complete the required change-of-beneficiary form renders the change ineffective, as Florida law demands strict compliance with policy terms rather than mere substantial compliance. The court reversed summary judgment for the insurer, which had paid proceeds to a purported new beneficiary, and remanded with directions to enter judgment for the insured’s personal representative. The decision distinguishes cases where the insured completed the form and delivered it to the insurer’s agent, thereby doing everything necessary to effectuate the change.
Topics
Practice areas
Questions Presented
- Whether the change of beneficiary was effective despite the insured's failure to complete the required form.
Holdings
- The change of beneficiary was not effective because the insured did not do everything she could do to effectuate the change, such as completing and delivering the required change form.
Factual background
This dispute concerns life insurance proceeds. The insured, Ms. Brown, had a policy with Liberty National Life Insurance Company. She attempted to change the beneficiary but did not complete the required change of beneficiary form. Liberty paid the proceeds to Willie Brown rather than to the new beneficiary. McDaniel, as personal representative of the insured's estate, sued for the proceeds. Liberty moved for summary judgment, which the trial court granted.
Procedural history
McDaniel, as personal representative, sued Liberty National Life Insurance Company for life insurance proceeds. The trial court granted summary judgment for Liberty, and McDaniel appealed.
Remand instructions
Remand with directions to enter judgment in favor of Ms. McDaniel.