Life insurance company asks court to determine recipient of death benefits

By Rosanna Turner | Aug 4, 2015

A Nebraska life insurance company is asking the Texas court to determine the payout of a $1 inheritance.

Lincoln Benefit Life Co. filed a suit June 10 in the Sherman Division of the Eastern District of Texas court against Joanne Moore, Kelly Moore and John Doe, as personal representative of the estate of Richard H. Moore. 

According to the suit, in 2000 Lincoln Benefit issued a life insurance policy on the life of Richard H. Moore, which provides for a death benefit in the amount of $1 million. In 2007, Linda Moore and Richard divorced. Moore died in 2015. Lincoln Benefit believes that Joanne Moore is entitled to $100,000 of the death benefit. According to the plaintiff, it is unclear whether the remaining $900,000 is is payable to the estate of the Richard Moore, or to Joanne Moore or to Kelly Moore. The suit claims Lincoln Benefit is unable to determine the appropriate payee(s) and is at risk of suffering competing claims and multiple liability for payment of the death benefit.

The plaintiff is seeking to recover costs and reasonable attorney’s fees and is asking the court to determine who, or whom, should receive the payout. Lincoln Benefit is represented by attorneys Michael Alfred of Hallett & Perrin in Dallas and Katherine Villanueva of Drinker, Biddle & Reath in Philadelphia.

Sherman Division of the Eastern District of Texas case number 4:15-cv-00391-ALM.

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