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KAMENS v. UTICA MUT. INS. CO.

4 N.Y.3d 460 (2005)

829 N.E.2d 292

796 N.Y.S.2d 328

MELISSA DICKINSON KAMENS et al., Appellants, v. UTICA MUTUAL INSURANCE COMPANY et al., Respondents. (Appeal No. 1.) MELISSA DICKINSON KAMENS et al., Appellants, v. UTICA MUTUAL INSURANCE COMPANY et al., Respondents. (Appeal No. 2.)

Court of Appeals of the State of New York.

Decided March 31, 2005.

Attorney(s) appearing for the Case

Underberg & Kessler, LLP, Rochester (Paul V. Nunes and Ronald G. Hull of counsel), for appellants.

Goldberg Segalla LLP, Buffalo (Susan E. Van Gelder and Albert J. D'Aquino of counsel), for Utica Mutual Insurance Company, respondent.

Shapiro, Rosenbaum, Liebschutz & Nelson, LLP, Rochester (Warren B. Rosenbaum of counsel), for Violetta Q. Dickinson, respondent.

OPINION OF THE COURT

R.S. SMITH, J.

The question here is the effect of an agreement by a wife, as part of a divorce settlement, to "remove herself as primary contingent beneficiary" on an annuity payable to her husband. Plaintiffs, the secondary contingent beneficiaries on the annuity, claim that the wife's removal promoted them to primary status. Defendants claim the agreement allowed the husband to select...

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