Monday, March 26, 2012
Mary Ann Mancini (Attorney, Washington, D.C.) and Caitlin L. Murphy (Associate, Washington, D.C.) recently published their article entitled, The Elusive Insurable Interest Requirement: Are You Sure the Insured is Insured?, 46 Real Prop. Trust and Est. Law 409 (Winter 2012). The Editors' Synopsis of the article is below:
The existence of an insurable interest in the life of the insured is a basic prerequisite to the enforceability of any policy of life insurance. This article, which follows up on an earlier work by Mary Ann Mancini and Howard Zaritsky, reviews the state of the law on insurable interests at the time of the Chawla decision and explores how legislatures and the courts have developed that law in response to the issue raised by Chawla and subsequent changes in the secondary life insurance market. It also examines the impact these developments have on practitioners who wish to use the life insurance contract as an estate-planning tool.