How does the beneficiary clause in a life insurance policy change if the primary beneficiary dies?

California, United States of America


The following excerpt is from State Farm Life Ins. Co. v. Pearce, 234 Cal.App.3d 1685, 286 Cal.Rptr. 267 (Cal. App. 1991):

"Because the beneficiary clause of a life insurance policy in which the insured has reserved the right to change beneficiaries is donative and testamentary in character [citations], the intent of the insured as expressed by the language that she used should be given effect so far as possible. [Citations.] Although her expressed intent that her husband [the killer] receive the proceeds cannot be given effect, the policy names the one she wished to take if her husband could not. It stated that the proceeds should be paid to the alternative beneficiary, if the primary beneficiary predeceased the insured. Thus, in the type of disability that would naturally be anticipated by the insured, the alternative beneficiary was preferred over the estate of the insured." (Beck v. West Coast Life Ins. Co., supra, 38 Cal.2d at pp. 646-647, 241 P.2d 544.)

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