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LINCOLN LIFE v. CASWELL

31 A.D.3d 1 (2006)

813 N.Y.S.2d 385

LINCOLN LIFE AND ANNUITY COMPANY OF NEW YORK, as Administrator of AETNA LIFE INSURANCE AND ANNUITY COMPANY, Respondent, v. BENJAMIN CASWELL, Appellant, and REGINA W. HUBBARD et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 11, 2006.

Attorney(s) appearing for the Case

Joseph H. Gruner, New York City (Ronald Cohen of counsel), for appellant.

L'Abbate, Balkan, Colavita & Contini, L.L.P., Garden City (Robert A. Maloney and Monte E. Sokol of counsel), for Lincoln Life and another, respondent.

Eliot Spitzer, Attorney General, New York City (Jean Lin, Michael S. Belohlavek and Mark Jensen of counsel), for Eliot Spitzer and others, respondents.

TOM, J.P., MAZZARELLI and CATTERSON, JJ., concur with FRIEDMAN, J.; McGUIRE, J., concurs in a separate opinion.

OPINION OF THE COURT

FRIEDMAN, J.

In McCarthy v Aetna Life Ins. Co. (92 N.Y.2d 436 [1998]), the Court of Appeals held that, where a life insurance policy sets forth a procedure for changing beneficiaries and does not authorize making such a change by will, a general testamentary statement in the insured's will does not override a prior designation of the policy beneficiary...

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