United States v. Sanders

314 F.3d 236, 48 F. App'x 527, 2002 WL 31828117
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 2, 2002
DocketNo. 01-5075
StatusPublished
Cited by2 cases

This text of 314 F.3d 236 (United States v. Sanders) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Sanders, 314 F.3d 236, 48 F. App'x 527, 2002 WL 31828117 (6th Cir. 2002).

Opinion

OPINION

PER CURIAM.

Appellant Carrie S. Sanders appeals from the grant of summary judgment in favor of Hester Sanders and Helen R. Stiefel in this interpleader action filed by the United States of America. Appellant argues that the district court erred in applying state law to determine the effectiveness of a change of beneficiary made by a guardian for an incompetent, insured veteran on an insurance policy issued under the National Service Life Insurance (NSLI) program. 38 U.S.C. § 1904. After review, we affirm.

I.

While in the U.S. Army during World War II, Marvin Sanders purchased two NSLI policies. Marvin Sanders designated Hester Sanders, his mother, as the principal beneficiary on both policies. Helen Stiefel, his sister, was the contingent beneficiary on one policy. A brother, who predeceased Marvin Sanders, was the contingent beneficiary on the other policy.

Upon his discharge in 1944, Marvin Sanders was declared incompetent, and a guardian was appointed by the Chancery Court of Grundy County, Tennessee. In 1976, Marvin Sanders married Carrie Sanders. In 1977, Marvin Sanders’s guardian, Cleveland Bank and Trust Company, submitted a Designation of Beneficiary form, which changed the beneficiary on the two policies to “Mrs. Marvin Sanders.” The Veterans Administration accepted the change of beneficiary.

In 1994, a successor guardian, Steven Witt, submitted a second designation naming Carrie Sanders as the beneficiary. Witt was responding to a Veterans Administration inquiry into the identity of “Mrs. Marvin Sanders.” Neither guardian received court approval of the change of beneficiary. No one disputes that Marvin Sanders remained incompetent until his death in 1999.

Upon his death, Marvin Sanders’s mother and sister filed an action against the United States claiming to be the lawful beneficiaries under the two policies. The court ordered the realignment of the parties, and the United States filed an inter-[238]*238pleader complaint naming the mother, sister, and wife as defendants.

The case was tried by a magistrate judge with the consent of the parties pursuant to 28 U.S.C. § 636(c). The defendants filed cross motions for summary judgment. The magistrate judge denied the wife’s motion, and granted summary judgment to the mother and sister. The magistrate judge found that the attempted change of beneficiary was not effective because under Tennessee law a guardian cannot change a beneficiary on an insurance policy without court approval. This appeal followed.1

II.

We review the grant of summary judgment de novo. Smith v. Ameritech, 129 F.3d 857, 863 (6th Cir.1997). Summary judgment is appropriate when there are no issues of material fact in dispute, and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). In deciding a motion for summary judgment, the court must view the factual evidence and draw all reasonable inferences in favor of the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

Appellant argues that state law does not apply to NSLI policies; and because the change in beneficiary form was filed prior to the insured veteran’s death, the life insurance proceeds must be paid to her as the named beneficiary. The government and the appellees argue that the magistrate judge correctly applied Tennessee law to determine when a guardian is authorized to change a beneficiary under an NSLI policy on behalf of an incompetent, insured veteran.

The federal statute governing a change of beneficiary under an NSLI policy provides: “The insured ... shall, subject to regulations, at all times have the right to change the beneficiary or beneficiaries of such insurance without the consent of such beneficiary or beneficiaries.” 38 U.S.C. § 1917(a). See also 38 C.F.R. § 8.19 (2001). The change of beneficiary “to be effective must be made by notice in writing signed by the insured and forwarded to the Department of Veterans Affairs.” Id.

Neither the statute nor the regulations, however, address a change of beneficiary made by a guardian on behalf of an incompetent insured. In Roecker v. United States, 379 F.2d 400 (5th Cir.1967), the guardian of an incompetent insured, with state court authorization, changed the beneficiary on an NSLI policy. The original beneficiary challenged the effectiveness of the change in beneficiary because it was not signed by the insured. The Fifth Circuit noted that the statute does not provide for an insured who becomes incompetent:

Although the language of the regulation, read literally, requires the insured to sign the request for change of beneficiary, Congress and the VA surely did not mean to bind the United States to every whim of a lunatic. When it declared that the insured was to have the absolute right to change the beneficiary, Congress operated “against the background ... of [the] basic principle” in our jurisprudence that an incompetent may not validly dispose of his property.

[239]*239Roecker, 379 F.2d at 404 (footnote omitted). The Fifth Circuit then considered whether federal or state law governed the question of whether a guardian may change a beneficiary under an incompetent’s life insurance policy:

Many considerations bear on the decision whether to apply state law or to fashion federal law. For example, where the particular question under the federal act depends on a status traditionally governed by state law, the federal court may infer that Congress, legislating against this background of state law, intended that law to govern. See De Sylva v. Ballentine, 1956, 351 U.S. 570, 76 S.Ct. 974, 100 L.Ed. 1415. Similarly, where the application of state law would not interfere with the federal program, but application of federal law would disrupt state agencies, state law should be applied, RFC v. Beaver County, 1946, 328 U.S. 204, 66 S.Ct. 992, 90 L.Ed. 1172. But where the state law conflicts with the federal statute, the state rule will not govern. Wissner v. Wissner. And, of course, the court will fashion federal law where nationwide uniformity is necessary to protect a federal program. Textile Workers Union of America v. Lincoln Mills, 1957, 353 U.S. 448, 77 S.Ct. 912, 1 L.Ed.2d 972.

Id. at 405. The Fifth Circuit concluded that state law governed:

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United States v. Sanders
314 F.3d 236 (Sixth Circuit, 2002)

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Bluebook (online)
314 F.3d 236, 48 F. App'x 527, 2002 WL 31828117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-sanders-ca6-2002.