In the latter case the insured attempted to add an additional beneficiary by merely inserting the name of the new beneficiary in the certificate of insurance under the by-laws of the company each member was required to apply for such a change, surrender the certificate and receive another it was held there was no valid change of beneficiary.
205, cited here by counsel for Vera Williams. Many cases bearing on the question here involved are cited, and from an examination of them it will appear that, while a change of beneficiaries must be made under certain formalities for the protection of the insurer, yet, in cases where the company has waived defending by interpleading, and has paid the money into court, and has no further interest in the litigation between the parties, a far more liberal rule obtains, and that courts of equity seek to do that which the insured apparently intended to have done." That opinion points out the distinction in Thomas v. "The main contention here is that the insured did not comply with the regulations of the contract as to change of beneficiary, and that therefore the attempted transfer was void, and that the defendant did not acquire any right, title, or interest by this so-called redesignation.The Sun Life Assurance Company of Canada, a corporation, plaintiff, filed its bill of interpleader in court and deposited $9,451.81, the proceeds of the policy answers and amended answers were filed by both claimants the court awarded the proceeds to Vera Williams, and Carl Williams appeals. Williams, his father, are rival claimants for the proceeds of an insurance policy issued by plaintiff on the life of Weir Williams, now deceased. Vera Williams, the divorced wife of Weir Williams, and Carl S.
In contest between divorced wife of deceased and his father over right to proceeds of insurance policy on life of deceased wherein it appeared that the wife was originally named beneficiary in the policy, but that a month after her divorce from insured he made application for change of beneficiary which desired change was not indorsed upon policy until one week later and insured died the day he made the request for the change, held father entitled to proceeds notwithstanding provision in policy requiring indorsement on policy before change of beneficiary became effective, since such provision is for the protection of the insurance company. INSURANCE - when change of beneficiary in life policy becomes effective.
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