(Desiree Rios / New York Times)
TODAY IS THANKSGIVING DAY. REMEMBER THE NEEDIEST!
In D.S.S. v. Prudential Ins. Co. of Am. & Time Warner Cable, No. 3:20-CV-248-CRS, 2020 WL 6877738 (W.D. Ky. Nov. 23, 2020), a federal court turned the defendant corporations' motion to dismiss into a motion for summary judgment, and then granted them summary judgment on the claims of life insurance policy survivors.
Survivors brought suit to allege claims of breaches of contract and of fiduciary duty, bad faith, and violations of ERISA for the life insurance company's refusal to pay the survivors the proceeds of a life insurance policy taken out by the cable company on the deceased, a cable company employee.
The deceased was their mother.
There was evidence in the record, however, that the deceased had changed her beneficiary to a person who was not one of the suing survivors, in accordance with the plan and the policy.
So, in accordance with the plan and the policy, the life insurance company paid the proceeds of the policy to the primary beneficiary named on the policy. Among other things, there was no bad faith on the part of the insurance company on this record, the judge ruled.
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