Dial v. Fisk

1 Citing case

  1. Travelers Insurance Company v. Fields

    451 F.2d 1292 (6th Cir. 1971)   Cited 6 times
    Applying Kentucky law because restoration-of-property order in Kentucky divorce decree extinguished ex-wife as ex-husband's life insurance beneficiary, despite Ohio choice of law provision in policy

    This is so regardless of the provision in the contracts that they "shall be governed by the laws of [Ohio]." Although that provision might require Kentucky courts to apply Ohio law in the resolution of any dispute about the operation of the insurance contract terms even if that application violated Kentucky public policy or contradicted Kentucky law, see, e.g., Union Central Life Insurance Company v. Barnes, 175 Ky. 364, 194 S.W. 339 (1917); Clarey v. Union Central Life Insurance Company, 143 Ky. 540, 136 S.W. 1014 (1911); but see Griffin v. McCoach, 313 U.S. 498, 61 S.Ct. 1023, 85 L.Ed. 1481 (1941); Dial v. Fisk, 197 S.W.2d 598 (Tex.Civ.App. 1946), nevertheless, ordinary principles of conflicts of law should apply to determine what effect the restoration-of-property provision had on the designation of beneficiary. We believe the Kentucky courts would apply Kentucky law and hold that it extinguished appellant's expectancy, and we hold that the district court correctly followed that law and found that there was an involuntary divestiture.