Law for Business 12th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 8

Montgomery was covered under a group life insurance policy and his ex-wife was the beneficiary. When he remarried, Michael designated his new wife, Cynthia, as the beneficiary and she mailed the form to Aetna. When Michael died, Cynthia claimed the benefits, but Aetna denied the claim, stating it did not have the change of beneficiary form in its files. Cynthia argued that when she mailed the form a presumption was raised that Aetna had received the form. Is she correct? Explain.