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Lunsford V. Western States Life Insurance

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eBook details

  • Title: Lunsford V. Western States Life Insurance
  • Author : Colorado Supreme Court
  • Release Date : January 04, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 79 KB

Description

This case concerns the scope of protection provided by Colorado's "slayer statute" to insurance companies that paid life insurance policy proceeds to a primary beneficiary who was later determined to have murdered the insured, where the insurers did not receive written notice of competing claims from the contingent beneficiaries prior to disbursement. See § 15-11-803, 6B C.R.S. (1987) ("slayer statute"). The plaintiff contingent beneficiaries obtained a judgment for damages against the defendant insurers based on a jury determination that the insurers acted negligently in paying the policy proceeds to the primary beneficiary. The Colorado Court of Appeals reversed and held that where payment is made according to the terms of an insurance policy and in the absence of written notice of contingent beneficiaries' claims, section 15-11-803(6) protects an insurer from liability for disbursing policy proceeds to one who is later determined to be guilty of murdering the insured. Lundsford v. Western States Life Ins., 872 P.2d 1308, 1311 (Colo. App. 1993).*fn1 We granted certiorari to review the court of appeals' resolution of this issue and now reverse and remand to that court for further proceedings.


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