Hart v. Hart

201 S.W.3d 457, 2006 Ky. LEXIS 156, 2006 WL 1649307
CourtKentucky Supreme Court
DecidedJune 15, 2006
Docket2004-SC-000505-DG
StatusPublished
Cited by4 cases

This text of 201 S.W.3d 457 (Hart v. Hart) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hart v. Hart, 201 S.W.3d 457, 2006 Ky. LEXIS 156, 2006 WL 1649307 (Ky. 2006).

Opinions

ROACH, Justice.

I. INTRODUCTION

This is an appeal of a summary judgment entered in favor of Christopher Hart and Toni Gail Carloftis, Appellees, and against Barbara Ann Hart, Appellant. The parties each claim that they are the [458]*458designated beneficiaries under an annuity contract purchased by Duane Hart, Appel-lees’ father and Appellant’s husband, who is now deceased. The Whitley County Circuit Court issued its ruling pursuant to cross-motions for summary judgment from the parties and the Court of Appeals affirmed. We granted Appellant’s motion for discretionary review and now reverse.

II. BACKGROUND

The underlying facts in this case are not in dispute. Appellant married Duane Hart in 1993. Appellees are Duane’s children from a previous marriage. Duane was a successful businessman in Corbin. In February, 1995, Duane purchased an annuity investment product from the Hartford Life Insurance Company, initially investing $5,000 and designating Appellant as the sole beneficiary. Over the next several years, he paid over $70,000 in premiums to the account, making the last contribution in June 1997.

Sometime that same year, Duane contacted his insurance agent Lynn Ham-mack, an employee of Edward D. Jones & Co., regarding his Hartford account. Duane told Hammack that he was having marital problems and was considering changing the designated beneficiary on his annuity. Shortly thereafter, Hammack sent Duane the appropriate change-of-beneficiary forms. Affixed to the forms was a note written by Hammack’s office administrator and directing Duane to “Please fill in correct info. Sign & return forms.” A self-addressed, stamped envelope was included so that the forms could be easily returned to Hammack. Despite Duane’s request for the forms, Hammack stated that she “never received back any change of beneficiary forms nor any other type of written notice from [Duane] indicating that he wanted to change his beneficiary.”

Duane’s contract with Hartford included a multiple paragraph section addressing the designation of a beneficiary and the manner in which a change could be made. The contract provided, in pertinent part:

The Designated Beneficiary will remain in effect until changed by the Contract Owner. Changes in the Designated Beneficiary may be made during the lifetime of the Annuitant by written notice to the Administrative Office of the Company_Upon receipt of such notice ... at the Administrative Office of the Company, the new designation will take effect as of the date the notice is signed, whether or not the Annuitant or Contract Owner is alive at the time of receipt of such notice.

Additionally, in December 1999, Duane transferred the management of his Hartford annuity account from Hammack to his son Christopher, who was also an Edward D. Jones investment broker. Christopher acknowledged that his father gave him no indication that he had intended any change to the designation of his wife Barbara as sole beneficiary on the annuity.

On September 14, 2000, Duane was shot and killed on the front porch of his home while leaving for work. After Duane’s death, Christopher discovered the un-mailed beneficiary and annuity change forms at Duane’s business office while sorting through his father’s papers. The forms, which purported to change the beneficiary on the annuity from Appellant to Appellees, appeared to have been signed by Duane and were dated July 7, 1997. Christopher took the forms to the lawyer for his father’s estate, who, in turn, mailed the forms to Hartford. Hartford acknowledged receiving the forms, but assumes no position as to the outcome of this case or as to who is the proper beneficiary on the account. At the time of Duane’s death, [459]*459the annuity account was worth approximately $180,000.

Appellees filed suit in January 2001, claiming that, as designated beneficiaries, they were entitled to the proceeds from the annuity contract. The parties filed cross motions for summary judgment. The trial court granted summary judgment in Appellees’ favor and the Court of Appeals affirmed that decision. We granted Appellant’s motion for discretionary review.

III. ANALYSIS

Summary judgment is appropriate when there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law. Steelvest, Inc. v. Scansteel Service Center, Inc., 807 S.W.2d 476, 482 (Ky.1991). Although Appellant insists that she has never conceded that the signatures appearing on the forms in question actually belonged to her husband, she has produced no countervailing evidence suggesting that he did not sign the forms. In fact, she has acknowledged that the handwriting on the forms appears to be that of her late husband. She also stated repeatedly, in her motion for summary judgment and supporting memoran-da, that the material facts were undisputed by the parties. Accordingly, we conclude that there exist no genuine issues of material fact and that summary judgment is appropriate in this case.

The sole question to be answered in this case is who, among Appellant and Appellees, is the designated beneficiary on the Hartford annuity. The Court of Appeals concluded that in filling out and signing the beneficiary change forms that had been provided by Hammack, Duane had substantially complied with the terms of his contract and Appellees were the proper beneficiaries of the annuity. We disagree with that conclusion.

Among the cases cited by the parties and discussed by the Court of Appeals is Hill v. Union Central Life Insurance, Co., 518 S.W.2d 808 (Ky.1974), which we believe is dispositive of the case at hand. In Hill, our predecessor court rejected an insured’s attempt to change the beneficiaries on two separate policies of life insurance. The pertinent facts were set forth as follows:

Shortly before his death, Clarence A. Dawson directed his secretary to make the following endorsement on each of the policies:
“Insurance on said policy paid back to my estate. This the 5th day of February, 1971.”
Clarence Dawson affixed his signature immediately beneath each endorsement. The policies were then returned to his safe-deposit box where they remained until his death.
Both policies provided a mode for changing the beneficiary; one “said change to take effect when endorsed on the policy by the insured and the company”; the other “by written notice to the company at the home office, for which a form will be furnished on request”.
Several years prior to 1971. Clarence Dawson had in the form and manner provided in the policies, changed the beneficiary in each policy so as to make the appellant, William C. Hill, a nephew, the beneficiary of each policy.

Hill, 513 S.W.2d at 808. Citing a number of cases, the Court noted that Kentucky had long

adhered to the view that a substantial compliance with the formalities or terms of the provisions in the policy as to change of beneficiary is sufficient.... the substantial compliance deemed sufficient has been when the insured had done all he could do under the circum[460]

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Related

Haste v. Vanguard Group, Inc.
502 S.W.3d 611 (Court of Appeals of Kentucky, 2016)
Hart v. Hart
201 S.W.3d 457 (Kentucky Supreme Court, 2006)

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Bluebook (online)
201 S.W.3d 457, 2006 Ky. LEXIS 156, 2006 WL 1649307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-hart-ky-2006.