Metropolitan Life Insurance Co. v. B.J.L.Y., LLC

2016 Ark. App. 201, 489 S.W.3d 210, 2016 Ark. App. LEXIS 227
CourtCourt of Appeals of Arkansas
DecidedApril 13, 2016
DocketCV-15-505
StatusPublished

This text of 2016 Ark. App. 201 (Metropolitan Life Insurance Co. v. B.J.L.Y., LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Metropolitan Life Insurance Co. v. B.J.L.Y., LLC, 2016 Ark. App. 201, 489 S.W.3d 210, 2016 Ark. App. LEXIS 227 (Ark. Ct. App. 2016).

Opinion

RAYMOND R. ABRAMSON, Judge

| Metropolitan Insurance Co. (“Metropolitan”) and MetLife Tower Resources Group, Inc. (“MetLife”), appeal the Pulaski County Circuit Court’s order approving the petition of B.J.L.Y., LLC (“BJLY”), for the transfer of periodic payments from a structured settlement agreement. On appeal, Metropolitan and MetLife argue that the circuit court erred in approving the transfer because (1) the transfer violates the Arkansas Structured Settlement Protection Act’s (“ASSPA”) prohibition on dividing periodic payments between a payee and a transferee; (2) the settlement agreement contained an anti-assignment provision; and (3) the transfer is not in the best interest of the payee, Lisa Broada-way. We reverse.

The structured settlement agreement arose out of the resolution-and-settlement action from the United States District Court for the Eastern District of Texas for the wrongful death of David Broadaway. The agreement provided that Liberty Mutual Insurance Group was to|2pay MetLife a sum of money to fund periodic payments to David’s daughter, Lisa, through the purchase of an annuity from Metropolitan. The periodic payments included lump sum payments of $12,000 on July 29, 2016, and $20,000 on July 29, 2021, and monthly payments of $1,378, increasing at a 3% compound annual rate, commencing July 29, 2021, and ending June 29, 2051. The settlement additionally provided that the “[cjlaimants acknowledge that the [pjeriodic [payments cannot be accelerated, deferred, increased or decreased by the [c]laimants; nor shall the [claimants have the power to sell, mortgage, encumber, or anticipate the [periodic [payments, or any part thereof, by assignment or otherwise.” The agreement is signed by Suzanne Hewlett, as mother and court-appointed guardian of Lisa. The agreement was filed with the district court on October 8, 2006.

On January 3, 2014, the Craighead County Circuit Court entered an order approving a transfer of Lisa’s payment rights to J.G. Wentworth Originations, LLC (‘Wentworth”), for $9,500. The approved transfer included the lump sums due in 2016 and 2021.

On December 26, 2014, Lisa entered into a second contract with Wentworth for a transfer of a portion of the $1,378 monthly payments. Specifically, Lisa agreed to sell Wentworth 120 monthly payments of $300 each, increasing at 3% annually, beginning July 29, 2021, and ending on June 29, 2031, for $11,000. On December 29, 2014, Went-worth subsequently assigned its rights and liabilities under the contract to BJLY.

On January 12, 2015, BJLY filed a petition in the Pulaski County Circuit Court to approve the transfer of the periodic payments. BJLY notified Metropolitan and MetLife of the | ^petition. On- February 42, 2015, Metropolitan and MetLife jointly filed an objection to the petition.

On March 3, 2015, the circuit court held a hearing on BJLY’s petition, Metropolitan and MetLife appeared at the hearing and objected to the transfer. Lisa testified that she wanted to use the proceeds from the sale of the periodic payments to help support three children that she and her wife planned to adopt from foster care. She explained that she and her wife could afford the children’s daily expenses but that they needed the money from the periodic payments for the initial costs such as furniture, clothing, and school supplies. Lisa stated that she had not attempted to obtain-a loan to fund the adoption because she did not want the debt. She also testified that she understood that she would be receiving less money than she was otherwise entitled. When counsel for Metropolitan and MetLife asked Lisa if she knew how much money she would be giving up, Lisa responded that she had not done the math. Counsel then informed her that she would be giving up $41,000.

' Thereafter, on March 9, 2016, the circuit court entered an order approving BJLY’s petition. The order states:

9. The transfer of the annuity payment ... 120 monthly payments of $300 each, increasing at 3% annually, beginning on July 29, 2012 and ending on June 29, 2031 ... as mentioned in [pjetitioners [pjetition is hereby approved.
10. Metropolitan Tower Life Insurance Company a/k/a MetLife Tower Resources Group, Inc., and Metropolitan Life Insurance Company are hereby directed and . authorized to deliver and to make payable to B.J.L.Y., LLC, and its successors and/or assigns the [transferred [p]ayment(s) ...
11. By ’ making and delivering the [transferred [p]ayment(s) mentioned herein to B.J.L.Y., LLC, and its successors and/or assigns as set forth in the preceding paragraph, Metropolitan Tower Life Insurance Company a/k/a Met-Life Tower Resources 14Group, Inc. and Metropolitan Life Insurance Company will be discharged from all liability for the [transferred [p]ayment(s) due [to] L. Broadaway.
12. B.J.L.Y., LLC, ... shall defend, indemnify and hold harmless Metropolitan Tower Life Insurance Company a/k/a MetLife Tower Resources Group, Inc. and Metropolitan Life Insurance Company ... from and against any and all liability from all claims in connection with, related to, or in any way arising out of the issuance of the [transferred [p]ayment(s) to B.J.L.Y., LLC, whether such claims are brought by L. Broada-way ..., by any individual or entity to which B.J.L.Y., LLC, subsequently assigns or transfer the [transferred [p]ayment(s) or any portion thereof, or by any other individual or entity.
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15. The [structured [settlement [ojbli-gor and [a]nnuity [i]ssuer shall irrevocably change the beneficiary for the [transferred [p]ayment(s) to the [transferee.

Metropolitan and MetLife timely appealed the circuit court’s order to this court, asserting that the circuit court erred in approving the transfer.

Before we address Metropolitan and MetLife’s points on appeal, we must first address BJLY’s assertion that Metropolitan and MetLife do not have standing to appeal the March 9, 2016 order because they are not parties to the case. We find no merit in BJLY’s argument. Subsection 706(b) of the ASSPA provides that

the transferee of a structured settlement agreement shall file with the court ... and serve on all interested parties a notice of the proposed transfer and the application for its authorization, including ... notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee’s application.

Ark.Code Ann. § 23-81~706(b) (Repl. 2014). The ASSPA defines interested parties as the annuity insurer and the structured settlement obligor. Ark.Code Ann. § 23-81-702(6). The structured settlement agreement in this case provided that Liberty Mutual Insurance Group pay Met-Life a sum of money to fund periodic payments through the purchase of an annuity from Metropolitan. Since Metropolitan and MetLife are clearly interested parties under the |Bstatute, we hold that they have standing to appeal the order. We now address their arguments on appeal.

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Bettis v. Bettis
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2015 Ark. App. 251 (Court of Appeals of Arkansas, 2015)

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Bluebook (online)
2016 Ark. App. 201, 489 S.W.3d 210, 2016 Ark. App. LEXIS 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-life-insurance-co-v-bjly-llc-arkctapp-2016.