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N.Y. Life Ins. Co. v. Brown

Court Determines Rightful Claimant in Interpleader Action Over Policy's Death Benefit

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OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT Plaintiff New York Life Insurance Company (“New York Life”) commenced this interpleader action against Defendants Kim Brown, Marcus Brown, and Rodney Nesbit to determine the rightful beneficiary of the proceeds of Laverne Denise Brown’s life insurance policy (the “Policy”).1 (Compl. [ECF No. 1].) On consent of all parties, the Court dismissed New York Life from the action after it deposited the Policy proceeds of $50,000 with the Court. (Order Discharge & Dismissal [ECF No. 30]; see Order Deposit Death Benefit & Related Relief [ECF No. 15].) Before the Court is Kim’s unopposed Motion for Summary Judgment seeking the entirety of the Policy proceeds. (Notice of Mot. [ECF No. 31].) For the reasons discussed below, the Court GRANTS the Motion. BACKGROUND A. Factual Background2 In September 2015, New York Life issued the Policy to Laverne with a $50,000 death benefit. (56.1 1; see Decl. Eric Dinnocenzo Ex. E [ECF No. 36-5].) Laverne was the owner and insured. (56.1 1; see Decl. Eric Dinnocenzo Ex. E, at 2.) The Policy lists as beneficiaries Rodney and Marcus, entitled to thirty percent and seventy percent, respectively. (Decl. Eric Dinnocenzo Ex. E, at 2.) The Policy provides that to “designate a beneficiary or change a beneficiary designation…WE [New York Life] must be given a completed written request from the OWNER on a form satisfactory to US [New York Life].” (Decl. Eric Dinnocenzo Ex. E, at 9.) In February 2019, Laverne, who was battling esophageal cancer, asked to stay with Kim, her sister, at Kim’s apartment in the Bronx, New York, after the passing of their father. (56.1

2-3; Aff. Kim Brown

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