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Regulation and Compliance > Litigation

Appeals Court Rules Against Ex-Wife in Transamerica Life Insurance Dispute

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A federal appeals court has ruled against a man’s ex-wife, and in favor of his father, in a case involving a life insurance policy purchased in Texas.

A Texas law eliminates the interests of an ex-spouse in an insurance policy once a couple is divorced.

A three-judge panel at the 5th U.S. Circuit Court of Appeals last week found that the law applies to policies purchased before a couple was married, not just to couples that buy life insurance policies while they are married.

The court overturned a district court decision and awarded $100,000 in benefits from a term life policy purchased by Ian Simpson to his father, Jeffrey Simpson, rather than to Holly Moore, his ex-wife.

The policy: Ian Simpson bought the policy from Transamerica in February 2018. He named Holly Moore as the beneficiary and his father as the contingent beneficiary.

Simpson and Moore wed in September 2018. They divorced in January 2021.

In May 2021, Simpson died at age 32 when a man shot him while he was working as a chef in a hotel restaurant on the Oneida Nation Reservation near Green Bay, Wisconsin, according to Oneida Nation officials.

Moore filed a claim for the death benefits. Transamerica told her that it believed that Texas law had revoked her status as the policy’s beneficiary.

Jeffrey Simpson then filed a claim.

Transamerica paid the death benefits to the court and is no longer involved in the case.

Reactions: Mark Ticer, Jeffrey Simpson’s attorney, welcomed the ruling. “This opinion reaffirms the principle that divorcing spouses do not intend to financially benefit the other spouse from the other’s property unless the statutory exceptions are satisfied,” he said.

J. Eric Reed, Moore’s attorney, said he believes that, in Texas, the “inception of title doctrine” means that the character of Moore’s relationship with the life insurance policy depended on her status at the time the contract was made.

“Therefore, the statute or the divorce decree did not divest her of the insurance proceeds,” Reed said.

Credit: LRafael/Adobe Stock


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