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Case Citations [1] (Fall 2024)

handle is hein.ali/retrdrue1208 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2024 Citations RESTITUTION AND UNJUST ENRICHMENT 3D Generally C.A.10, 2023. Cit. generally in sup. and cit. in ftn. First wife of decedent sued second wife, who was the sole beneficiary of decedent's life-insurance policy, claiming that defendant was unjustly enriched by decedent's failure to comply with a divorce decree requiring him to procure a policy naming plaintiff as sole beneficiary, and seeking a constructive trust on a portion of the policy proceeds. After the district court granted defendant's motion to dismiss, this court reversed and remanded, predicting that the Colorado Supreme Court would endorse Restatement Third of Restitution and Unjust Enrichment § 48, which recognized a cause of action in essentially the same circumstances. The court noted that Colorado courts looked to the various Restatements as authoritative, and that a great virtue of the Restatement Third was that it gave concrete expression to general principles, providing guidance to practitioners and courts alike. McAnulty v. Standard Insurance Company, 81 F.4th 1091, 1104, 1107, 1110. PART I. INTRODUCTION CHAPTER 1. GENERAL PRINCIPLES § 1. Restitution and Unjust Enrichment C.A.10, 2023. Cit. and quot. in sup., cit. in cases cit. in ftn.; com. (a) cit. and quot. in sup., cit. in ftn., cit. in cases cit. in ftn.; coms. (b) and (d) cit. in case cit. in ftn. First wife of decedent sued second wife, who was the sole beneficiary of decedent's life-insurance policy, claiming that defendant was unjustly enriched by decedent's failure to comply with a divorce decree requiring him to maintain a policy naming plaintiff as sole beneficiary, and seeking a constructive trust on the policy proceeds. The district court granted defendant's motion to dismiss. Reversing and remanding, this court held that plaintiff stated claims for unjust enrichment and imposition of a constructive trust. The court cited Restatement Third of Restitution and Unjust Enrichment § 1 in reasoning that plaintiff sufficiently alleged that it would be unfair for defendant to keep all the proceeds while she ended up with nothing, despite being COPYRIGHT (02024 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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