Does Mary Kay have an insurable interest in Henry’s life?
Mary Kay argues that the district court erred in failing to require Henry to secure his support obligations by submitting to a physical examination so she could obtain an insurance policy on his life. She claims she is not asking Henry to pay for the insurance coverage or to do anything for security other than to submit to a physical examination. Initially, the Nebraska Supreme Court clarified what this case is not about. “We are not dealing with a contempt proceeding. Mary Kay is not attempting to enforce the parties’ dissolution decree, which incorporated the parties’ agreement that Henry would fund the trust for their children through a life insurance policy. Instead of seeking to compel Henry to obtain insurance to fund the trust for their children, Mary Kay is seeking to own a separate policy on Henry’s life to secure his support obligations.” Thus, the Court interpreted her motion as primarily seeking security for Henry’s alimony obligations. The Court did not reach the issue of
