The Harvey Mickens Case

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Harvey Mickens had a $10,000 life insurance policy through CMFG Life Insurance Company. In March 2014, Harvey changed his policy, via telephone, from a term life insurance policy, which named his late wife as the beneficiary, to a whole life policy, which named appellant Carl Mickens, Harvey’s brother, as the beneficiary. Following Harvey’s death in July of 2014, there was a dispute over whether Harvey’s life insurance policy should be paid to Carl or to Harvey’s Estate. The Harvey Estate, administrated by Synovia Vardiman and Pearline Harris, sued Carl Mickens. During the course of a two day evidentiary hearing, the trial court concluded that Harvey’s change of beneficiary was the result of “undue influence and duress” by Carl upon Harvey.

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