Barner v. Lyter

Citations

• 31 Pa. Super. 435
• 1906 Pa. Super. LEXIS 233

Syllabus

<p>Insurance — Life insurance — Beneficiary—Assignment of policy.</p> <p>A policy of insurance provided that the insured might “change the beneficiaries at any time during the continuance of this policy by filing with the company a written request, accompanied by this policy, such change to take effect upon the indorsement of the same on the policy by the company.” The beneficiaries were two minor children of the insured. The insured, when under sentence of death, executed a paper purporting to be an assignment of the policy in payment of, or as collateral security for, a pre-existing debt. The paper was delivered to the insurance company, but it was not accompanied by the policy, nor was any change of beneficiary indorsed on the policy, nor was it stated in the paper that it was impossible to produce the policy for the purpose of having such indorsement made. The paper was not addressed to the company, nor was the subject of change of beneficiary mentioned therein, nor did it appear in any way that the insured intended it to be filed with the company. Held, (1) that the burden of proving the intent of the insured to revoke the designation of his children as beneficiaries, rested on the claimant; (2) that an assumption by the company of a neutral position could not give the paper the effect of a revocation of the designation, unless it was so intended by the insured, and (3) that the evidence was insufficient to establish an intent to change the beneficiaries.</p>