Hertzske v Snyder

Snyder appealed summary judgment awarding Hertzske the proceeds of her ex-husband’s life insurance policy. The Court affirmed. It held that under Utah Code 75-2-804(2), when spouses divorce, there is a presumption that designation as a beneficiary under life insurance policies is revoked and this presumption can be overcome under the terms of the policy, the divorce decree or a property division contract. It held that the provisions of Utah code 30-3-5(1)(e) did apply here as the statutory acknowledgment language was not included in the decree and requiring the language to appear gives effect to both 804 and 5. It finally held that, under 804, an insurance policy spousal beneficiary designation will apply after divorce only if it specially states that the designation will survive divorce and the policy here did not have any such language.