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To Succeed at Interpleader Evidence is Required
“Lex Loci Contractus” Applies to Change of Power of Attorney & Life Insurance Proceeds
Read the full article at https://www.linkedin.com/pulse/interpleader-action-resolves-dispute-over-entitlement-barry and at https://zalma.com/blog plus more than 3600 posts.
It is axiomatic that where there is life insurance there are relatives. In Metropolitan Life Insurance Company v. Jayson Tucker, Karen Tucker, et al., No. 20-11106m United States Court Of Appeals For The Eleventh Circuit (February 12, 2021) children of a General Electric long time employee fought over who was entitled to the proceeds of her ERISA life insurance policy, with siblings disputing who was entitled to the proceeds.
ZALMA OPINION
Proving that insurance is a contract that must be interpreted based upon the wording of the contract, once the court determined that the POA was validly executed the last named beneficiary was the only person who was entitled to the benefits of the life insurance policy. The case also teaches that to win an interpleader action it is necessary to bring evidence to the court. Since Jayson had none that were sufficient to support his argument that mother was not sufficiently capable to agree to the POA, his claim failed.
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