Facts
Eli Pinkas and his wife Florence Maulaz committed suicide on June 10, 1980. Eli Pinkas had concluded five mixed insurance contracts, designating his brother Samuel Pinkas as the beneficiary in the event of death. The estate of Eli Pinkas having been found insolvent, it was liquidated according to the rules of bankruptcy.
The bankruptcy estate of Eli Pinkas' estate requested that the beneficiary clauses be annulled and that the sums deposited by the insurance companies be released in its favor. Samuel Pinkas, the beneficiary, concluded that the sums should be released in his favor.
The Cantonal Court of the Canton of Vaud ordered the release of the sums deposited in favor of Samuel Pinkas.
Considerations
According to case law, the beneficiary of a beneficiary clause acquires an independent right to the insurance claim upon designation, regardless of the status of heir. This right becomes irrevocable upon the death of the policyholder.
The liquidation of the estate according to the rules of bankruptcy cannot prejudice the rights of the beneficiary, as the insurance claim does not belong to the policyholder's estate and therefore does not enter the bankruptcy estate to be used to satisfy the creditors.
Article 79(1) of the Insurance Contract Act, which provides for…