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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