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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

On December 8, 2009, the Court of Appeals published its opinion in <a href="http://coa.courts.mi.gov/documents/OPINIONS/FINAL/COA/20091208_C286397_58_286397.OPN.PDF" target="_blank" rel="noopener"><em>Helms v. Lemieux</em>, No. 286397</a>. In this case, the Court of Appeals examined the distribution of assets from an annuity. The annuity, purchased by an elderly couple, provided that the proceeds would be paid to the annuitant, except that after the annuitant's death the proceeds would be paid to the designated beneficiary. Apparently, there were handwritten additions in the application for the annuity where the wife was described as the annuitant, and the husband as the joint owner. In contrast, the annuity policy issued later describes the wife as the annuitant, and the husband as a joint annuitant. The Court concluded that, accordingly to contract interpretation principles, the description of the husband and wife's roles in the application (that was signed by both) controls. Thus, when the wife died, the beneficiary's interest in the annuity vested, and that beneficiary was entitled to the benefits of the annuity.

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COA Opinion:  Handwritten terms in application for annuity control distribution

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