If the beneficiary was the insured, then the benefit would be distributed to the beneficiary's estate, and as spouse, you would receive some or all of the benefit, based upon whether there are surviving children who are not issue of your marriage, and/or surviving parents.
Basically, you would get a minimum of 1/3 of the insurance proceeds, and a maximum of 100%.
You would have had a claim of negligence against the insurer, if your spouse had actually died, and you did not receive 100% of the benefit. It is fundamental in a negligence action that you cannot obtain compensation for damages that you did not actually suffer.
Therefore, if you have fixed the beneficiary designation now, and your spouse did not die, then you have no claim.
Hope this helps.
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The problem is that once your spouse became the owner, any change to the policy is her sole right to make.The fact that she did not change the policy since issuance, could be evidence of her intent to keep the policy in that form. The insurance company is balancing its risk. If it makes the change and your spouse doesn't like it, then she can sue for interference with the property. If the insurer doesn't make the change and you are injured upon your spouse's deah, then you can sue for negligence.
Apparently, the insurer views its risk greater with your spouse than with you -- otherwise, it would change the policy.
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