Legal Question in Insurance Law in North Carolina

Would a 1984 divorce order stating that states "the husband will keep the children as beneficiaries of all insurance policies on his life", override a beneficiary (present wife) of a Prudential Life Ins policy ? The insurance policy in question has no stated beneficiary and states that with none listed it goes to the present wife. The children (3) that it refers to are now older than 30 years of age, 1 is a ward of the state because he is autistic. The deceased also had a 2 year old child with his present wife.


Asked on 11/09/09, 8:55 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

This question raises very complex issues of insurance law. Normally the language of the policy itself will be controlling (i.e. not the divorce order), but there are some times where you can use other documents to show the intent of the policyholder, and there are times when you can "reform" the policy. You probably want to meet with an attorney to discuss this issue in more detail.

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Answered on 11/14/09, 9:40 am


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