Robert Yurik v. Ernestine Phillips

• Court: Court of Appeals of Texas
• Decided: August 20, 2015
• Docket: 06-15-00026-CV
• Status: Published

Opinion

RECEIVED IN The Court of Appeals Sixth District APPELLATE CASE NUMBER Q6-15-

Texarkana, Texas Debra K. Autrey, Clerk ROBERT YURIK PLANTIFF

VS.

STONERIDGE LIVE INSURANC COMPANY

AND

ERNISTINE PHILLIPS DEFENDANTS

THIS DOCUMENT AND ITS CONTENTS SHALL SERVE AS A PRO SE APPEALLATE BRIEF WITH REGARD TO THE ABOE REFERENCED CASE NUMBER(S). ERNESTINE PHILLIPS , THE DEFENDANT rN THE APPELLATE PHASE OF THIS CASE (DEFENDANT, IS SUBMITTING THE ARGUMENT OF THE APPEAL AS PRO SE) TABLE OF CONTENTS

1. STATEMENT OF FACTS 2. ARGUMENT 3. CONCLUSION 4. CERTIFICATION OF SERVICE 5. ATTACHMENTS/EVIDENCE STATEMENT OF FACTS

THIS CASE WAS BROUGHT BEFORE THE HUNT COUNTY, TEXAS COURT SYSTEM AS A RESULT OF A DISPUTE BY ROBERT YURIK TO THE DECISION BY STONEBRIDGE LIFE INSURANCE COMPANY REGARD THE PAYOUT OF THE LIFE INSURANCE POLICY NUMBER 72L4794438 FOR DARLENE TRAINOR.

THE DECISION OF JUDGE ANDREW BENCH, 196™ DUDICIAL DISTRICT COUNT IN HUNT COUNTY, WAS TO PAY THE REMAINING AMOUNT OF THE $5000.0 DUE TO EARNEST PHILLIPSM, THE MOST RECENT BENEFICIARY ON RECORD WITH STONEBRIDGE LIFE INSURANCE COMPANY.

MS PHILLIPS MAINTAINS THE OPINION THAT, THE ALL THREE DOCUMENTS SIGNED BY DARLENE TRAINOR ARE VALID AND ACCEPTABLE.

SEVERAL AREAS OF THE FORM WERE DISCUSSED:

THE SIGNAUTURES WERE REVIEWED BY JUDGE BENCH AND IT WAS DETERMINED THAT ALL SIGNATURES WERE THE SAME AND ACCEPTED BY THE INSURANCE COMPANY.

THE DATES WERE LISTED ON THE FINAL DOCUMENT WAS NEVER IN QUESTION, JUST THE SIGNATURES. MR. YURIK PROVIDED NOT DOCUMENTATION THAT FINAL SIGNATURE WAS NOT DARLENE TRAINOR'S.

DARLENE TRAINOR HAD TO CALL THE INSURANCE COMPANY DIRECT TO GET THE FORM TO CHANGE THE BENEFICIARIES , AS SEEN BY THE DATES THAT THE INSURANCE COMPANY SENT THE FORM TO DARLENE TAINOR. ALSO NOTE THAT ERNESTINE PHILLIPS WAS ON THE PREVIOUS BENEFICIARY CHANGE AFTER THE DEATH OF HER HUSBAND, THAT A CLEAR INDICATOR OF HER INTENT TO CHANGE HER BENEFICIARY.

THE DECISION TO PAY THE LAST RECORDED BENEFICIARY WAS ENTERED BY THE COURT.

THESE FACTS AS SUBMITTED ARE ENTERED INTO THE FORMAL TRANSCRIPT OF TRIAL CASE NUMBER 80896. ARGUMENT

THE BENEFICIARY CHANGE FORM IS AN INSTRUMENT TO RECORD CHANGES MADE TO THE LIFE INSURANCE POLICY, BUT EQUALLY AS INPORTANT, TO DETERMINE WHEN THOSE CHANGES SHOULD BE ENFORCED.

IN THIS CASE, MR. YURIK CLAIMED THAT THE BENEIFICARY DOCUMENTS HAD BEEN FORGED. JUDGE BENCH REVIEWED THE DOCUMENTS THAT WERE PROVIDED INTO EVIDENCE TO THE COURT. JUDGE BENCH QUESTIONED THE PLANTIFF AND THE DEFENDANT. (THE DOCUMENTS THAT WERE PROVIDED TO JUDGE BENCH HAVE BEEN ATTACHED TO THIS DOCUMENT)

AFTER REVIEW OF THE DOCUMENTS JUDGE BENCH RULED THAT THE SIGNAURES AND THE HANDWRITING ON ALL OF THE DOCUMENTS WERE IN FACT DARLENE TRAINOR'S AND THERE WAS NOT FORGED SIGNATURES. AT THAT TIME JUDGE BENCH RULED THAT THE LAST BENEFICIARY CHANGE SHOULD BE UP HELD AND RULED IN FAVOR OF THE DEFENDANT ERNESTINE PHILLIPS. CONCLUSION

THE DEFENDANT, ERNESTINE PHILLIPS, REQUESTS THAT THIS COURT UP HOLD THE FINAL JUDGEMENT ENTERED BY THE TRIAL JUDGE ANDREW BENCH AND ENTER ORDERS TO VALIDATE THE MOST RECENT BENEFICIARY CHANGE FORM ENTERED INTO RECORD BY STONBRIDGE LIFE INSURANCE COMPANY. CERTIFICATE OF SERVICE

I HEREBY CERTIFY THAT A COPY HAS BEEN FUNISHED TO STONEBRIDGE LIFE INSURANCE COMPAN AND ROBERT YURIK BY MAIL DELIVERY ON AUGUST 19,2015

ERNSTINE PHILLIPS 104 MEADOW DR. CONVERSE, TX 78109

ERNESTINE PHILLIPS V tf?TONEBRlDGE LIFE Insurance Cwapany 27QOVASI RUfttetany • BmD»TBQ»7SB&VBO

March 30.20M

Important Iranranee tnfbiiiwltons Open DARLENE INEZ TRAINOR V04 JERK1GAN ST COMMERCE TX 75428

APR 20WW y PeflqrfCQrtffl do (he life off: DARLENE INEZ TRMNOR

Dear DARLENE INEZ

bi enter to change the paOcy/cerfificata, ptease provide the hdomannm requested below, main a copy of flsa term for your i snd return ite completed latin.

pgWEF?r-|Affy CHANGE REQlBsSI I, bte unaatalgnad polcyoaj^ opfional methods of seUamenL Hany, and ohanga the benofldary of aakl policy as Mow: Primary Beneficiary (or BanafiGhnlaa}, B Bring; Jbm , RriaBMHlgii . amrtAridraa.ahr. State. ZIP

The pravtsfans bi fee Denefldary Change lake pmoadenea over any printed pfovhtooa In the poScy wMcb aaWaah a benaflctey. Unlasa oftawdaa provided above. ihepTOCeeasghaabepaMmatoHpsunt Whan mow lhan one pitaa^ bwanTea^ survivor, untoa oftentfseprovided above. Thb also epptavjean more than oneCmrBnoert Bsnafldary to nerosd. Wi»beiBnTelafye»vhwtF»tasun* request, art tyreconang the)hn*^^ mo poBcy to he aubnfibal to the Company far endeonaaara a! enaopa tf beneBeta^ cfeatananoit~of the new beoefidaiy (or benenclanw) shall baoome rffecora es of the date cf-me raaaaat far such chanao, provided, hovaver, tie raquaa? riant ba Bnt lacahred and recorded by the Company. Any paynwm mad^ by tto Company prior to « unjiinint and ebaD iMuJuiimjb the Cornpeny from BabURy. If a bust or traatea banancbny la named, the. Company may makepBymatftamaniBdcn-tta and shall not be required to lode attarnwapjSceflm& I ondnaaaal ttattttaa Berwllc^ data I flbjnad the request I further undanaand and agree that any payment made prior to tto receipt and recordingotuaBBSfiefktery Change affl ba affected. .-rtPmrawlraMred Djbj _ SanaJujejal^Ban

w APR1S20M STQHEBJUEXjE LIFE . Insurance Company - 2A)OW«RflnoParlw«iy«PtBnq,'fc»i7S07S«200 December 03,2002

DARLENE INEZ TRAINOR 11542 RANCH LANE LOT8B FREDRICKSHURG VA 22407

PtoBcyflSaftflhaoaNiimbBr: 72W794438 Obtto Lffoeft DARLENE INEZ TRAINOR

Dear DARLENEWEZ TRAINOR

Inorder to change the beneficiary of your poUcy/certflteate, please provide the information requested below, make a copy ol thb torm tor your records, and returnthe completed term.

BENEFICIARY CHANGE REQUEST ............ ;,.—.-.'- .. L me undonrfgned poficyowner, do hereby feqiaaAnw Company to revoto aialap«D^:0 BaswfidaryiorBonofiBBrieflJ.HfttoB; * • •

RalallorehlP StreetAdaress.Cttv.Steta.ao

ThefravanRBfai the Berwfk^Change tata precedent estabBsh e bertefidary. Unless cfhenvtea proMedahewe, the proceeds shall be paid toa lumpsum. When mo« trian cm pdrhaiy baro survivor, untasaotherwise providedabove. ThatateoappBsa whan moretttanoneConflngenlBeneficiary b named. It no benefieatfy survbea the Insured, me pc^ proceeds ^1 be p^ to trie fnsa,-5db estate. I hereby request and by recording this [nstnflnsnt Bio Cornpany hereby agrees, that any provision of Bte pofisy requiring Bus poBoy to be submBted to the Company tor endorsement of change of banefidary thereon be waived. The destanafion of trionew banaftcavy(or beneftdaries) shall become enecaVeas of the date ol the request lor audi change, prowfcted, however, the request must be Brat received and recorded by the Company. Any payment made bythe Company priorto such receipt aral reconfing shall consabite proper, whole and absolute payment and shall daehajgeBto Company from Ibbalty. If a trust or trustee beneficiary to named, the Company may mate payment to the bust or the trustee without hawing to determine whether a trust Is bi affact, and shaB not ba required to look after the application of the proceeds in the hands ol metrust or trie trirttea.

Iunderstandfrtat thfc Berwft*uy Change, after fches been recorded by the Company, wil take effect as of iupdate.I:akinvd^triB request^ I furihwunoaratand and* agree 0w any. payiiunit rrtaba pnor-to Bin ieveipt - -anjd:recxmfing&^ affected. -•" V;-rr .•'- Ti^-'" •:^/"T^;£l;:3^ . '.V .;•.>••'':':> -.":-... DEClS^KCf otPrtnww Insured;.. :Oate .-:• Stonatore of Soouse - ' • - Pate • -n

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