Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Primerica Life Insurance Company v. Jill Davila

February 16, 2011

PRIMERICA LIFE INSURANCE COMPANY,
PLAINTIFF IN INTERPLEADER,
v.
JILL DAVILA, MAYCELLE DAVILA,
AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS IN INTERPLEADER



ORDER ON PLAINTIFF'S MOTION TO DISMISS AND RELATED COUNTERCLAIM

Doc. No. 24

This is a Rule 22 interpleader action involving the proceeds of a life insurance policy. Primerica Life Insurance Co. ("Primerica") is the stakeholder of the proceeds, and Jill Davila ("Jill") and Maycelle Davila ("Maycelle") are the claimants of the proceeds. Currently pending before this Court is Primerica's Rule 12(b)(6) motion to dismiss the counterclaims of Jill. After reviewing the moving papers, the Court will grant Primerica's motion.

FACTUAL BACKGROUND

From Jill's counterclaim, Jill and her spouse Larry Davila ("Larry") obtained life insurance in 2007. Primerica issued to Jill a life insurance policy ("the Policy") that covered the life of Jill for $150,000 and the life of Larry for $500,000. Jill was the beneficiary of the $500,000 on Larry's life. Jill's agent on the Policy is Jason Lewis ("Lewis"), who is an employee of Primerica.

In October 2009, Jill and Larry filed for divorce in Fresno Superior Court. Pursuant to the California Family Code, an automatic temporary restraining order ("TRO") issued on November 6, 2009. The TRO prohibits the parties from changing the beneficiary of any life insurance policy then in place, except by a signed written agreement of the beneficiary or by court order. No such agreement or order exists. No agreement was ever made to change the beneficiary on the Policy that named Jill as the beneficiary, nor was such an agreement ever discussed.

Within two weeks of March 22, 2010, Lewis contacted Jill regarding premium payments on the Policy. From the inception of the Policy, Jill had made all premium payments but in March 2010 was in arrears. Jill explained that she was having trouble making the payments because she had lost her job and was going through a divorce. Lewis suggested that Larry make the payments, and Lewis agreed to contact Larry.

Lewis contacted Larry. Larry agreed to make the premium payments as long as he was made the owner of the Policy.

Lewis contacted Jill again and informed her of Larry's agreement to take over premium payments. Lewis requested Jill's signature on a letter to Primerica requesting a change of ownership from Jill to Larry.

On March 22, 2010, Lewis and Jill met. Lewis presented a typed letter to Jill stating only that Jill requested a change of ownership of the Policy from herself to Larry. The letter had no handwritten paragraphs thereon when Jill signed it.*fn1 Jill did not sign or date any handwritten sections on the letter.

Also on March 22, 2010, Larry and Primerica (through its employee Lewis) agreed to submit and did submit a policy change application. The application purports to change the beneficiary of the Policy from Jill to Maycelle. Jill neither agreed to the change of beneficiary nor signed the application nor saw the change application.

On April 22, 2010, Larry died.

On May 11, 2010, Maycelle completed a claimant statement for the Policy benefits. Primerica distributed the Policy proceeds to Maycelle by paying the proceeds into an account.

Jill made a claim on the Policy proceeds on June 15, 2010.

Primerica later removed the funds from Maycelle's account and filed this compliant in interpleader on October 13, 2010. Primerica deposited the Policy proceeds with the Court. "Primerica admits liability under the policy in the amount of $500,000, but claims not to know which person -- Jill or Maycelle -- to pay the proceeds to."

Jill filed this counterclaim against Primerica on November 24, 2010, and alleges three causes of action: breach of fiduciary duty, breach ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.