Halverson v. Hartford Life Insurance

15 Mass. L. Rptr. 377
CourtMassachusetts Superior Court
DecidedOctober 28, 2002
DocketNo. 200001440
StatusPublished

This text of 15 Mass. L. Rptr. 377 (Halverson v. Hartford Life Insurance) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Halverson v. Hartford Life Insurance, 15 Mass. L. Rptr. 377 (Mass. Ct. App. 2002).

Opinion

Cratsley, J.

The plaintiff filed a motion for summary judgment in the above action to obtain the proceeds of the decedent’s, Neil Latham’s (“Mr. Latham”), life insurance policies pursuant to a 1976 separation agreement signed between the plaintiff, Sandra Halverson (“Ms. Halverson”) and Mr. Latham. In response, the defendant, Christy Kocieniewski (“Ms. Kocieniewski”), filed a cross motion for summary judgment. For the reasons discussed below, the plaintiffs motion for summary judgment is ALLOWED IN PART and the defendant’s cross motion for summary judgment is ALLOWED IN PART.

FACTS

The undisputed facts, as indicated by the summary judgment record, are as follows.

On November 12, 1976, Ms. Halverson, formerly Mrs. Neil Latham, and the decedent, her ex-husband, Mr. Neil Latham, executed a separation agreement. On May 27, 1977, a Judgment of Divorce Nisi was entered in Suffolk Probate Court stipulating that the parties must carry out the terms of the separation agreement. At the time the agreement was executed, Mr. Latham was an employee of Blue Cross Blue Shield of Massachusetts (“BCBS”) and was provided life insurance through the company’s Employee Basic Life Insurance Plan. Under this plan, Mr. Latham obtained Life, Accidental Death and Dismemberment Insurance, effective November 1, 1970, which provided a death benefit equal to one-year’s salary. Pursuant to the separation agreement, Ms. Halverson was the named beneficiary on this policy. On January 1, 1981, BCBS made a second type of life insurance available to its employees through its Retirement Income Trust. Mr. Latham subscribed on January 1, 1981. This policy, which also provided a benefit equal to one year’s salary, specified that it was in addition to the company-paid Basic Group Life, Accidental Death and Dismemberment Insurance.

On August 26, 1992, Mr. Latham changed the beneficiary on his original life insurance policy to the defendant, who at the time went by the name of Christy Lewis. Mr. Latham submitted a second change of beneficiary form on January 1, 1995 to reflect the defendant’s changed name of Kocieniewski. On August 16, 2000, Mr. Latham passed away. At the time of his death, he was on disability, but was still holding both of his employer life insurance policies. The total proceeds from his two life insurance policies was $118,000.00.

The parties contest the interpretation of paragraph six of the separation agreement, which reads that Neil Latham “shall maintain a life insurance policy on his life in the amount of no less than Forty Thousand Dollars ($40,000), naming Sandra Louise Latham as the primary beneficiary.” In particular, they disagree as to the scope of “insurance policy” and the interpretation of “not less than $40,000.” The plaintiff contends that the insurance coverage obtained in 1981 under the Retirement Trust Income is not a separate policy, but rather an extension of the coverage provided by the original policy. In support of her claim, the plaintiff references documentation from the Hartford Life Insurance Company, the provider of the policy, which assigns one policy number to the total amount of insurance claimed ($118,000). The defendant counters that the decedent had two separate policies, made distinct by their respective descriptions in the BCBS policy handbook, and that the separation agreement only entitled the plaintiff to proceeds stem[378]*378ming from one life insurance policy as opposed to multiple policies.

The parties also disagree as to the meaning of “not less than” in terms of the limits it places on the amount to which the plaintiff is entitled. The plaintiff contends that the language only creates a floor for the amount to which she is entitled and that the nature of the policy itself allows for accruals in value over time. The defendant contends that since the decedent did not move to amend the agreement pursuant to its terms, the plaintiff is entitled to only $40,000 of the proceeds.1 However, since this is the extent of his obligation to the plaintiff under this agreement, and as his intention to change his beneficiary was clearly expressed by his signature on two change of beneficiary forms, the remaining pay out should go to the defendant, Ms. Kocieniewski.

DISCUSSION

Summary judgment shall be granted where there are no genuine issues as to any material fact and where the moving party is entitled to judgment as a matter of law. Mass.R.Civ.P. 56(c); Cassesso v. Commissioner of Correction, 390 Mass. 419, 422 (1983); Community National Bank v. Dawes, 369 Mass. 550, 553 (1976). The moving party bears the burden of affirmatively demonstrating the absence of a triable issue, and that the summary judgment record entitles the moving party to judgment as a matter of law. Pederson v. Time, Inc., 404 Mass. 14, 16-17 (1989). The moving party may satisfy this burden either by submitting affirmative evidence that negates an essential element of the opposing party’s case or by demonstrating that the opposing party has no reasonable expectation of proving an essential element of his case at trial. Flesner v. Technical Communications Corp., 410 Mass. 805, 809 (1991); Kourouvacilis v. General Motors Corp., 410 Mass. 706, 710 (1991).

I. Sandra Halverson’s Motion for Summary Judgment

Ms. Halverson contends that she is entitled to judgment as a matter of law because it is well established that when a deceased ex-husband changes the beneficiary on a life insurance policy in violation of a separation agreement, the party to the separation agreement is entitled to the proceeds of the policy, as she has a vested equitable interest in its proceeds. Green v. Green, 13 Mass.App.Ct. 340, 343 (1982). Therefore, the issue before this Court is the extent to which the plaintiff is entitled as a matter of law to the proceeds from the life insurance policy.

The separation agreement stipulated that the decedent would maintain a life insurance policy in the amount of “not less than Forty Thousand Dollars” whereby the plaintiff would be the named beneficiary. In exchange, the plaintiff agreed to waive alimony. The agreement was entered with the intention of both parties to “finally and for all time settle and determine ... all right to support and maintenance of the said wife by the said husband.”2 Without any express language indicating that a separation agreement will not survive a divorce decree, the courts have generally resolved any matters in favor of its survival. Surabian v. Surabian, 362 Mass. 342, 345 n.4 (1972). As the agreement is deemed to have survived the divorce as an independent contract to be specifically enforced, I turn to the specific matters in dispute. Moore v. Moore, 389 Mass. 21, 25 (1983).

First, as to the issue of whether the amount in dispute is the product of one or two life insurance policies, this Court concludes as a matter of fact and law that the $118,000 at issue is the product of two life insurance policies rather than one policy with extended coverage. The plaintiff contends that since the documentation from Hartford Life Insurance Company indicates that only one policy number was assigned to these policies, the proceeds are the product of one policy, the full amount of which the plaintiff should receive.3

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Related

Taylor v. Gowetz
158 N.E.2d 677 (Massachusetts Supreme Judicial Court, 1959)
Pederson v. Time, Inc.
532 N.E.2d 1211 (Massachusetts Supreme Judicial Court, 1989)
Community National Bank v. Dawes
340 N.E.2d 877 (Massachusetts Supreme Judicial Court, 1976)
Moore v. Moore
448 N.E.2d 1255 (Massachusetts Supreme Judicial Court, 1983)
Kourouvacilis v. General Motors Corp.
575 N.E.2d 734 (Massachusetts Supreme Judicial Court, 1991)
Flesner v. Technical Communications Corp.
575 N.E.2d 1107 (Massachusetts Supreme Judicial Court, 1991)
Cassesso v. Commissioner of Correction
456 N.E.2d 1123 (Massachusetts Supreme Judicial Court, 1983)
Brindis v. Mutual Life Ins. Co. of New York
560 N.E.2d 722 (Massachusetts Appeals Court, 1990)
O'Brien v. O'Brien
623 N.E.2d 485 (Massachusetts Supreme Judicial Court, 1993)
Green v. Green
433 N.E.2d 92 (Massachusetts Appeals Court, 1982)
Surabian v. Surabian
285 N.E.2d 909 (Massachusetts Supreme Judicial Court, 1972)
Hurlbut v. Hurlbut
665 N.E.2d 1018 (Massachusetts Appeals Court, 1996)

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Bluebook (online)
15 Mass. L. Rptr. 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halverson-v-hartford-life-insurance-masssuperct-2002.