Missouri Court of Appeals, Southern District / Sep 26, 2023
DOROTHY ROSS, Plaintiff-Respondent v. VENERABLE INSURANCE AND ANNUITY CO., Defendant-Appellant
Dorothy Ross sued Venerable Insurance and Annuity Company, alleging breach of contract for failing to pay her as the named beneficiary under a Flexible Premium Deferred Annuity Contract after her husband's death. The trial court granted summary judgment for Ross, finding the contract ambiguous. The appellate court reversed, holding that the contract's plain language unambiguously stated that Venerable's payment obligations ceased upon the annuitant's death after the minimum 120 monthly payments had been made. The case was remanded with directions to enter judgment for Venerable.