Study Aids
Case Briefs Overview
Casebooks
Case Briefs
R

Rogers v. Rogers

473 N.E.2d 226, 483 N.Y.S.2d 976, 63 N.Y.2d 582 (1984)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Rogers v. Rogers

New York Court of Appeals
473 N.E.2d 226, 483 N.Y.S.2d 976, 63 N.Y.2d 582 (1984)

Facts

When Jerome Rogers and Susan Rogers (plaintiff) divorced, Jerome promised in the separation agreement to maintain his life-insurance policy with Travelers Insurance Company (the Travelers policy) for $15,000 with Susan and their daughter (plaintiff) as beneficiaries. After the divorce, Jerome changed jobs, and his Travelers policy was canceled. For several years, Jerome did not have life insurance, but he later got a policy through another employer and a different insurance company, Phoenix Mutual Life Insurance Company (Phoenix) (defendant), for $15,000 (the Phoenix policy). At the time, Jerome was married to Judith Rogers (defendant), and he designated Judith as his beneficiary. After Jerome died, Susan and her daughter as well as Judith claimed the Phoenix policy proceeds. Phoenix paid Judith. Susan and her daughter sued Judith and Phoenix, seeking a constructive trust on the proceeds. Judith moved to dismiss the complaint or for summary judgment, arguing that because Jerome and Susan’s separation agreement did not address cancellation of the Travelers policy, Susan and her daughter were not entitled to the proceeds of the Phoenix policy. The trial court agreed and dismissed the complaint. Susan and her daughter appealed.

Rule of Law

Issue

Holding and Reasoning (Kaye, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Remedies

Key Terms