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WILLIAMS v. GLOBE LIFE AND ACCIDENT INSURANCE COMPANY, 2:12-cv-01021-PMP-VCF. (2013)

Court: District Court, D. Nevada Number: infdco20140116i11
Filed: Dec. 16, 2013
Latest Update: Dec. 16, 2013
Summary: [PROPOSED] ORDER GRANTING DEFENDANT'S MOTION TO APPROVE SETTLEMENT PURSUANT TO NRS 41B.400 PHILIP M. PRO, District Judge. The Motion of Defendant, GLOBE LIFE AND ACCIDENT INSURANCE COMPANY ("GLOBE LIFE"), for approval of settlement pursuant to NRS 41B.400 has come before this Honorable Court. After considering the moving papers and all other matters presented, and based on the admissible evidence, this Court finds and rules as follows: I. FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. Jonathan
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[PROPOSED] ORDER GRANTING DEFENDANT'S MOTION TO APPROVE SETTLEMENT PURSUANT TO NRS 41B.400

PHILIP M. PRO, District Judge.

The Motion of Defendant, GLOBE LIFE AND ACCIDENT INSURANCE COMPANY ("GLOBE LIFE"), for approval of settlement pursuant to NRS 41B.400 has come before this Honorable Court.

After considering the moving papers and all other matters presented, and based on the admissible evidence, this Court finds and rules as follows:

I. FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. Jonathan Graves, Jr., whose life was insured under a life insurance policy with Defendant GLOBE LIFE AND ACCIDENT INSURANCE COMPANY, was shot and killed. Plaintiff WILLIAMS was the beneficiary under that policy.

2. GLOBE LIFE made appropriate efforts to obtain necessary information from the North Las Vegas Police Department to discern whether or not Plaintiff had any role in the murder of Mr. Graves. However, these efforts were unsuccessful. This Court previously found that the North Las Vegas Police Department was not required to produce the requested information. No other information has been presented that from which GLOBE LIFE could acquire specific knowledge that Plaintiff WILLIAMS had killed Mr. Graves or aided in procuring his death in any way.

3. Accordingly, the parties have proceeded to come to a settlement agreement. Recognizing that NRS 41B.400 carries stiff penalties for an insurer who pays policy benefits to a beneficiary with actual knowledge that the beneficiary killed the insured, the Court finds that GLOBE LIFE can pay the policy proceeds in good faith as it does not have any actual knowledge that Plaintiff Williams killed Mr. Graves, and has no actual knowledge that Plaintiff Williams is prohibited from acquiring or receiving funds under the policy pursuant to the provisions of NRS 41B.400.

II. ORDER

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that GLOBE LIFE's Motion to Approve Settlement Pursuant to NRS 41B.400 is GRANTED.

IT IS SO ORDERED.

Source:  Leagle

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