Volk v. Goeser

Roy Volk and Pamela Dee Volk had a son, RBV, in the fall of 2000. In 2011, the marriage was dissolved. At the time of the divorce, Roy owned two term life insurance policies. While a statutorily-mandated temporary restraining order was still in effect, Roy changed the beneficiary designations on both policies and designated his sister, Valerie Goeser, as the new beneficiary. Just over four months after the divorce was final, Roy died. Valerie received the life insurance proceeds from both policies. Pamela subsequently filed this action on behalf of RBV against Valerie and Roy’s estate seeking a constructive trust over the insurance policy payouts for the benefit of RBV. The district court granted summary judgment in favor of Valerie, concluding that Valerie was not unjustly enriched when she received Roy’s life insurance proceeds. The Supreme Court reversed, holding that Valerie was unjustly enriched because Roy’s errors in changing the beneficiary of his life insurance under the statutorily-mandated restraining order invalidated his designations on the insurance policies, and a constructive trust was created on RBV's behalf as a result of these errors. Remanded. View "Volk v. Goeser" on Justia Law