Life Insurance Company of North America v. Hamilton

• Court: District Court, W.D. Washington
• Decided: May 11, 2021
• Docket: 3:20-cv-06046
• Status: Unknown

Opinion

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 LIFE INSURANCE COMPANY OF CASE NO. C20-6046 BHS 8 NORTH AMERICA, ORDER GRANTING PLAINTIFF’S 9 Plaintiff, MOTION TO APPOINT v. GUARDIAN AD LITEM 10 FRANCIS L. HAMILTON and IAN R. 11 HAMILTON, 12 Defendants. 13

This matter comes before the Court on Plaintiff Life Insurance Company of North 14 America’s (“LINA”) motion to appoint guardian ad litem for Defendant Francis 15 Hamilton. Dkt. 7. Francis1 was served with the summons, complaint, and motion on April 16 9, 2021. Dkt. 9. No opposition has been filed. 17 In this interpleader action, Defendants Francis and Ian Hamilton are 50% 18 beneficiaries of a life insurance police and accidental death insurance policy issued to 19 their mother, Phyllis Hamilton. Phyllis Hamilton died as a result of gunshot wounds, and 20 21

22 1 The Court uses first names for clarity and intends no disrespect. 1 Francis was arrested for her murder but deemed incompetent to stand trial. Dkts. 1-5, 1-7. 2 LINA informed the Court that it understood Francis was civilly committed to Western 3 State Hospital, Dkt. 7 at 3, and service was made on him there, Dkt. 9.

4 The total benefit under the policies is $70,000, and half has already been paid to 5 Ian. LINA seeks appointment of a guardian ad litem to represent Francis’s legal interests 6 pursuant to Federal Rule of Civil Procedure 17(c) because it cannot determine whether 7 Ian or Francis should receive the remaining $35,000 due to the potential application of 8 the common law “slayer rule.” Dkt. 7 at 3 (citing Parrott-Horjes v. Rice, 168 Wn. App.

9 438 (2012); Mut. Life Ins. Co. of N.Y. v. Armstrong, 117 U.S. 591 (1886)). 10 The Court must appoint a guardian ad litem—or issue another appropriate order— 11 to protect a minor or incompetent person who is unrepresented in an action. Fed. R. Civ. 12 P. 17(c)(2). Based on the determination that Francis was incompetent to stand trial and 13 unlikely to be restored to competency, Dkt. 1-7, and the representation that he is currently

14 civilly committed, the Court is reasonably convinced Francis is not competent to 15 understand the significance of legal proceedings and the effect of such proceedings on his 16 best interests, and the appointment of a guardian is appropriate. Graham v. Graham, 40 17 Wn.2d 64, 66–67 (1952). 18 Based on a review of his credentials and his service in other cases before the

19 Court, the Court concludes that Anthony Alfieri is a fit and proper person to serve as 20 litigation guardian ad litem for Francis Hamilton. Mr. Alfieri is appointed as litigation 21 guardian ad litem and is authorized to retain counsel to pursue the claim for the 22 remaining insurance proceeds. Mr. Alfieri or retained counsel shall inform the Court if 1 Francis objects to the appointment. See In re Marriage of Blakely, 111 Wn. App. 351, 2 360 (2002) (citing, among others, RCW 4.08.060; Graham, 40 Wn.2d at 68–69). 3 Additionally, care should be taken to conserve resources expended on this matter in light

4 of the limited potential recovery. 5 The Clerk shall send a copy of this order to: 6 Anthony V. Alfieri Attorney at Law (WSBA #24036) 7 13220 NE 80th St Redmond, WA 98052 8 Phone: 425-497-8000 Fax: 425-497-8066 9 Email: ava@alferilawoffice.com

10 IT IS SO ORDERED. 11 Dated this 11th day of May, 2021. A 12 13 BENJAMIN H. SETTLE 14 United States District Judge

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