DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
142819P.pdf 07/16/2015 Joetta Hearing v. Nikole C. Holloway
U.S. Court of Appeals Case No: 14-2819
U.S. District Court for the Northern District of Iowa - Sioux City
[PUBLISHED] [Colloton, Author, with Murphy and Kelly, Circuit Judges]
Civil case - Insurance. In a dispute over whether the insured had taken
adequate steps to change the beneficiary of his life insurance policy, the
district court did not err in finding that the insured had not filed a
written request with the insurer to change the beneficiary and that a
handwritten note found near his body at the time of his death was, under
Iowa law, an expression of unexecuted intent to make a change insufficient
to comply with the notice requirements of the policy; defendant was not
entitled to a constructive trust over the policy proceeds as she failed to
show that plaintiff obtained her beneficiary status through any
wrongdoing; defendant had adequate notice the district court would treat
plaintiff's motion to dismiss as a motion for summary judgment.