Attempt to Set Aside/Invalidate Beneficiary Designation on Life Insurance Policy

Albert Ament, M.D., as Trustee of Trust Agreement between Kyung H. Kim and Albert D. Ament v. Reassure American Life Insurance Co., et al., Cuyahoga App. No. 91185, 2009-Ohio-36. Decedent's husband, who was also trustee of trust for benefit of husband and kids, sought to invalidate life insurance beneficiary designation naming decedent's sister, instead of trust, as beneficiary of $500,000 life insurance policy. The jury returned a verdict finding the beneficiary designation naming the sister was valid. The court of appeals affirmed the jury's finding and further found that plaintiff had completely failed to show evidence of undue influence thereby prohibiting the trial judge from instructing the jury on undue influence. In addition, court of appeals ruled that trustee had duty to pursue claim on behalf of the trust and therefore, maintained privilege defense with respect to decedent sister's counter-claim for tortious interference with contract.