McCraw v. Vernon

Citations

• 111 Va. 279
• 68 S.E. 979
• 1910 Va. LEXIS 40

Syllabus

<p>1. Insurance—Assignment of Policy—Omission of Píame of Assignee.—A single man took out a policy of insurance on his life payable to his sister, but with the right to change the beneficiary at any time. Shortly thereafter he married, and several times requested the agent who solicited the insurance to substitute his wife’s name as beneficiary, and this the agent promised to do, but through neglect and forgetfulness failed to do so, and the assured died. Thereupon the beneficiary, sister of deceased, intending to assign the policy to the widow, voluntarily executed and delivered to the attorneys of the widow a paper under hand and seal assigning and transferring the policy, but inadvertently omitting the name of the assignee. The assignment also relinquishes all of her interest in said policy, and any and all claims against the insurance company pertaining to said policy. Shortly thereafter the sister repented of her act, claimed that the assignment was obtained by fraud, and that she was still the beneficiary under said policy; but the charge of fraud was not sustained. A bill was filed by the widow against the insurance company and the sister to recover the amount of the policy.</p> <p>Held: A court of equity will write the inadvertently omitted name of the widow into the paper as assignee, and direct the payment of the proceeds of the policy to her</p>