Monday, December 22nd, 2008...1:12 am
DAlaska: Life Insurer Liability to Third-Party Beneficiary
In a lengthy published opinion, U. S. District Judge John Sedwick has denied summary judgment to State Farm on a claim by a life insurance beneficiary that State Farm failed to comply with the insured’s (uncontested) instructions to redesignate the beneficiary on the policy after the insured and the beneficiary divorced.
Sedwick framed these issues:
(1) whether State Farm or [its agent] Campbell acted in bad faith or owed and breached a professional duty to Jane, as a third-party beneficiary of John’s policy, when Campbell failed to revise John’s policy after he expressed his intent to maintain Jane as primary beneficiary following their divorce; (2) whether State Farm’s interpleader constituted breach of contract or was filed in bad faith; (3) whether State Farm or Campbell’s actions caused Jane to be deprived of the entirety of the policy proceeds; and (4) whether Jane waived or should be estopped from asserting claims against State Farm because she settled with her daughters.
State Farm Life Ins. Co. v. Davis, 2008 WL 5245332 (D.Alaska Dec. 17, 2008)
State Farm is represented by James Wilkins of Bliss, Wilkins & Clayton. The various defendants are represented by Michael Cohn of Weidner & Associates; Michael Corey of Sandberg, Wuesterfeld & Corey; and Douglas Johnson. All counsel practice in Anchorage.
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