Gene v. Hallifax

8 Navajo Rptr. 20
CourtNavajo Nation Supreme Court
DecidedApril 5, 2000
DocketNo. SC-CV-71-98
StatusPublished

This text of 8 Navajo Rptr. 20 (Gene v. Hallifax) is published on Counsel Stack Legal Research, covering Navajo Nation Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gene v. Hallifax, 8 Navajo Rptr. 20 (navajo 2000).

Opinion

Opinion delivered by

AUSTIN, Associate Justice.

This is an appeal of a September 5,1998 declaratory judgment and injunction by the Window Rock Family Court which declared interests in life insurance proceeds and directed payment of the proceeds to Nishi Gene for the benefit of the insured’s minor children.

I

This case is about a dispute between the children of a decedent, acting through their paternal grandmother, Nishi Gene, and the designated beneficiary of a Navajo Nation employee life insurance policy, Rufina Hallifax (“Hallifax”). Hallifax, the defendant in the family court and appellant herein, and Hoskie Gene Jr. (“Gene”), the decedent, began an intimate relationship in late 1986 and started living together in summer 1987, while Gene was a student at the ITT School of Technology in Phoenix, Arizona. Gene was an enrolled Navajo, and Hallifax is a non-Navajo Hispanic woman. Gene and his wife were separated sometime thereafter. In 1990, Gene, accompanied by Hallifax, returned to his traditional home area at Forest Lakes, Navajo Nation (Arizona), where the couple [23]*23and Gene’s children moved into a Navajo Housing Authority rental house. In January 1992, Gene was divorced from his spouse and received custody of the five children of the marriage. After the divorce, Gene, Hallifax, and the children moved to Pinon, Navajo Nation (Arizona) and leased a rental house from the Navajo Housing Authority, qualifying as a “family.”

In 1993, Gene was admitted to the Navajo Nation Police Academy for training as a Navajo Nation police officer. As a police cadet, Gene was considered a Navajo Nation employee. On October 26, T993, he submitted an “Application for Coverage Under the Employer’s Health Care Plan” to the Navajo Nation Employee Benefits Program. The application was for health insurance benefits and employee life insurance coverage under an insurance program administered by Fortis Benefits Insurance Company (“Fortis”).

The life insurance policy provided death benefits of $60,000 and a double indemnity benefit of $120,000 in the event of accidental death. Gene completed the policy in his own hand. He indicated that he was single and he listed four of his five children as “dependents to be covered.” A fifth child and Hallifax’s daughter from a prior marriage were added later. The space for "spouse” under the dependents section was left blank. He checked the box for employee life insurance coverage, indicating he wanted that coverage. One section of the form asked for the given name of the “beneficiary, “ and Gene filled in the name “Rufina Hallifax.” The next box asked for the relationship of the beneficiary to the employee, and Gene wrote “FREIND” [sic]. Gene did not change his designation of Hallifax as his beneficiary when he later added the other two children as his dependents.

Gene graduated from the Navajo Nation Police Academy and became a police officer in February 1994. He continued to live at Pinon with Hallifax and the children until he was assigned to police duties out of Shonto, Navajo Nation (Arizona), which is beyond easy commuting distance from Pinon. Gene leased an apartment in Shonto, while Hallifax and the children continued to live in the Navajo Housing Authority unit in Pinon.

During this period of time, Hallifax cared for Gene’s five children. For purposes of the children’s medical treatment at an Indian Health Service facility and enrollment in school, Hallifax was listed as a “stepmother,” “custodian,” “legal guardian,” "mother,” ‘parent” or “parent/guardian” of the children. The couple and the children described themselves as a "family” for purposes of occupancy of Navajo Housing Authority units. Hallifax cared for Gene’s children and had physical custody of them during his absence from the home to perform duties as a police officer.

On January 5,1996, Gene was killed in the line of duty between Shonto and Inscription House, Navajo Nation (Arizona). When Hallifax and Nishi Gene went to the Navajo Nation Employee Benefits Program office to look into employee benefits, they learned that Gene had designated Hallifax as the beneficiary of [24]*24his life insurance policy. Fortis prepared to pay Hallifax the double indemnity benefit when Nishi Gene began this declaratory judgment and injunction action to prevent payment of the life insurance proceeds to her. Fortis commenced a separate interpleader action to deposit the life insurance proceeds into court and removed itself from the dispute between Nishi Gene and Hallifax.

Nishi Gene took physical custody of the five children and later sought guardianship of them. She applied for and received $60,000 in death benefits for the children under the Navajo Nation Worker’s Compensation Program, and approximately $2,000 per month Supplemental Security Income for the children until they reach the age of majority. She also applied for a $130,000 award from a United States Department of Justice program for survivors of police officers who are killed in the line of duty.

At a trial held on June 2,1998, the Window Rock Family Court placed the burden of proof upon Hallifax to prove that the insurance contract was valid, particularly with respect to the beneficiary designation. The court concluded that Hallifax failed to meet her burden of proof. The court then found that the application for insurance coverage that Gene had filled out was incomplete and ambiguous “only with regard to the designation of a beneficiary.” The court also found that it was "questionable” whether Gene intended that Hallifax should receive the life insurance proceeds. The rest of the application was presumably a valid contract because Gene’s dependents had received medical benefits under it. The family court did not make findings of fact to support its legal conclusion that the beneficiary designation was either incomplete or ambiguous or that Gene intended otherwise than what he put in his application.

After finding the beneficiary designation in the application and the resulting contract vague, the court received extrinsic evidence on the relationship of Gene and Hallifax. The family court found that the couple was not married and that they had “no meaningful relationship” because the intimate relationship had terminated prior to Gene’s death. The court then resorted to Navajo common law to distribute the insurance proceeds.

The family court awarded the life insurance proceeds to Nishi Gene for the benefit of the surviving children as heirs of Gene’s estate by applying the Navajo common law principles that children are central to Navajo life, that there is preference for their support, and that the children of a decedent “should not be forgotten.” The family court declared that, as a matter of law, Hallifax was not entitled to the insurance proceeds and enjoined her from receipt of the insurance benefits. The court also directed Nishi Gene to pay Gene’s funeral expenses of $7,697.35; that order is not disputed on appeal.1

[25]*25II

Upon a review of the family court’s final judgment and the arguments of the parties, this Court finds that the only dispositive issue on appeal is whether the family court was correct, as a matter of law, that the beneficiary designation on the insurance application was “vague” or “ambiguous,” and accordingly that Gene did not intend or could not have intended that Hallifax should be the beneficiary of the employee life insurance proceeds.

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Related

Mutual Savings Life Insurance Company v. Noah
282 So. 2d 271 (Supreme Court of Alabama, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
8 Navajo Rptr. 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gene-v-hallifax-navajo-2000.