Not overruled or negatively treated on appealinfoCoverage
Circuit Court of Appeals, Sixth CircuitMay 5, 1938
97 F.2d 507 (6th Cir. 1938)

No. 7764.

May 5, 1938.

Appeal from the District Court of the United States for the Eastern District of Michigan; Arthur F. Lederle, Judge.

Action between Gladys C. Pipper and B.C. Schram, as receiver of the First National Bank of Detroit, wherein the question for determination was the disposition of the proceeds of a life policy of which Gladys C. Pipper was the named beneficiary, and the First National Bank of Detroit was the assignee. From an adverse judgment, Gladys C. Pipper appeals.


Bratton Bratton, of Detroit, Mich., for appellant.

Robert S. Marx and Carl Runge, both of Cincinnati, Ohio, for appellee.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

Upon appeal from a judgment awarded the receiver of a national bank for the avails of a life insurance policy assigned to it by its deceased debtor and his wife as additional security for a loan.

It appearing that though the debtor was an employee of the holding company which owned the stock of the bank no coercion was exercised either by the bank or the holding company to induce the debtor or his wife to execute the assignment, and that such coercion may not be inferred solely from unsupported fears that failure to assign would jeopardize his position with the company.

It further appearing that though in the policy the insured had named his wife, the appellant, as beneficiary, yet had reserved to himself the right at will to change the beneficiary, and there being therefore no vested right of the appellant to the policy, the insured was at liberty to assign it without regard to whether such assignment did or did not constitute a change of beneficiary, in pursuance of its terms (Mutual Benefit Life Insurance Co. v. Swett, 6 Cir., 222 F. 200, 201, Ann.Cas. 1917B, 298), and that such assignment is not one conveying the appellant's personal estate to satisfy her husband's debts, in contravention of Section 13057, Michigan Compiled Laws, it is therefore ordered that the judgment below be and it is hereby affirmed.