Insurance — Life insurance — Group insurance — Employe's certificate — Nonassignability — Delivery of certificate to beneficiary — Subsequent change of beneficiary.
In this action of assumpsit to determine who should receive the proceeds of a group life insurance certificate, in which it appeared that the group policy provided ". . . for delivery to each Employee insured hereunder, an individual certificate which shall state the insurance to which such Employee is entitled under this Policy and to whom benefits are payable . . .", and that any employe could change the beneficiary without the beneficiary's consent but "Such change shall take effect upon endorsement thereof by the Employer on such certificate and unless the certificate is so endorsed, the change shall not take effect", and further provided "The Employee's certificate is nonassignable and the insurance and benefits are nonassignable prior to loss"; and it further appeared that the appellant was designated as beneficiary in the employe's certificate which was delivered to her and kept by her; that subsequently a duplicate certificate of insurance was issued to the employe and the appellee was the last beneficiary named by him, it was Held that (1) in view of the nonassignability provision of the group policy, delivery of the original insurance certificate to appellant did not constitute a gift, (2) the provision in the group policy for the return of the certificate as a requirement for a change of beneficiary was for the benefit of the insurer and had been waived by it, and (3) the appellee was entitled to the insurance proceeds.
OPINION PER CURIAM, May 23, 1960:
The judgment is affirmed on the opinion of Judge ALEXANDER, reported in 20 Pa. D. C.2d 470.