Whole vs. Term Life Insurance Upon Divorce
National Legal Research Group, Inc.)
Attention: the information on this page pertains to the following case analysis: In re Marriage of Day, 31 Kan. App. 2d 746, 74 P.3d 46 (2003). It is recommended to read this case analysis for a full understanding.
Note that the courts generally treat whole life insurance policies differently from the term insurance policy at issue in Day. Whole life insurance often has cash surrender value, so the policy will usually have immediate tangible present worth. In addition, a whole life insurance policy is a single contract lasting for a term of years, so the court must always look to an entire history of past premiums. E.g., Minnesota Mutual Life Insurance Co. v. Ensley, 174 F.3d 977 (9th Cir. 1999).
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National Legal Research Group, Inc.
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