- Amount
- $267,000 (judgment amount)
- Counsel
- Interpleader Law
- Result for
- The named beneficiary, the insured's daughter, our client
- Case
- Thrivent Financial for Lutherans v. Bressler
- Court
- U.S. District Court, District of Arizona
- Docket
- No. CV-16-08135-PCT-BSB
- Decided
- March 16, 2017
- Issue
- What evidence is needed to set aside a designation for lack of capacity or undue influence
The insured owned a life insurance contract, an annuity and a settlement agreement with the same company. In 2013 she signed a form naming one daughter as sole primary beneficiary of all three. After her death, another daughter and a son disputed the designation, and the insurer interpleaded the proceeds.
We represented the named daughter. The challenger said medication and treatment had affected her mother’s judgment and that someone had unduly influenced her. Arizona presumes that a person has the capacity to exercise contract rights, including changing a beneficiary, and there was no evidence that the insured lacked it. The undisputed evidence, including a long-time friend’s account, showed what the insured intended. On undue influence, the challenger offered only her own belief. Conclusory statements and speculation do not create a genuine dispute.
The court granted summary judgment for our client, and judgment was entered for her the same day.
What it shows. Illness and a relative’s suspicion do not by themselves undo a signed designation. A challenger needs specific evidence about the insured’s condition when the form was signed, or about what the alleged influencer actually did.
Read the court's order
For a detailed legal summary of this decision, see interpleader.com's decisions library.
Past results do not guarantee a similar outcome. This summary describes the court's ruling; it is not legal advice about any other case.
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