Shaw v. U.S. Financial Life Insurance Co.

The appellate court considered whether the statute governing the effect of a judgment for dissolution of marriage on a life insurance policy should be applied retroactively where the judgment for dissolution of marriage was silent regarding a life insurance policy and where Illinois subsequently enacted a statute providing that a dissolution judgment generally operated to revoke an ex-spouse’s status as a beneficiary under a previously issued life insurance policy. The circuit court found that the ex-spouse was entitled to the proceeds of the life insurance policy. The appellate court affirmed, finding that the operative act triggering the application of the statute was the date of the dissolution of the marriage and not the date of death and, since the date of the dissolution judgment preceded the effective date of the statute, the statute did not apply. (GORDON and BURKE, concurring)