Witt v. Reddmann

CourtDistrict Court, E.D. Arkansas
DecidedJanuary 8, 2024
Docket3:21-cv-00212
StatusUnknown

This text of Witt v. Reddmann (Witt v. Reddmann) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Witt v. Reddmann, (E.D. Ark. 2024).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION JULIE A. WITT PLAINTIFF v. CASE NO. 3:21-CV-00212-BSM CHANTILLY S. REDDMANN DEFENDANT ORDER This case was tried to the bench on January 8, 2024. Having listened to the testimony

and reviewed the exhibits introduced into evidence, judgment is entered for Chantilly S. Reddmann, and the Clerk of Court is directed to send the $9,970.68, plus interest accrued, deposited in the registry of the court by the Baltimore Life Insurance Company for Policy Number A 1073088 to Chantilly S. Reddmann. I. FINDINGS OF FACT AND CONCLUSIONS OF LAW

John S. Reddmann purchased a whole life insurance policy with Baltimore Life Insurance Company on January 15, 2009, and named Chantilly S. Reddmann, his only daughter, as his beneficiary. Exhibit 1. On April 24, 2018, John named Chantilly as his power of attorney. Exhibit 2. On April 20, 2020, Baltimore Life received a Beneficiary/Name/Address Change Form purporting to change John’s beneficiary

designation, and naming Julie A. Witt as the beneficiary of the policy. This designation form was not authenticated at trial and is therefore not in evidence. In addition to trial exhibits 1 and 2 (the only documents received into evidence at trial), the uncontested testimony of Chantilly is that John did not possess the intent or mental capacity to strike her as a beneficiary of his policy or to name Witt as the beneficiary. The rights of designated beneficiaries of insurance policies are determined according to contractual law. Allen v. First Nat. Bank of Fort Smith, 261 Ark. 230, 235, 547 S.W.2d

118, 120 (1977). When the holder of a life insurance policy expresses his intention in a written instrument in clear and unambiguous language, the agreement is construed according to its plain meaning. See Acklin v. Riddell, 42 Ark. App. 230, 234, 856 S.W.2d 322, 324 (1993) (citing C. & A. Constr. Co. v. Benning Constr. Co., 256 Ark. 621, 509 S.W.2d 302

(1974)). The holder of a life insurance policy may change the beneficiary in the manner and mode prescribed by the policy. Nunnenman v. Est. of Grubbs, 2010 Ark. App. 75, at 3, 374 S.W.3d 75, 78. Substantial compliance with the policy’s procedures is required to change a beneficiary. James v. Mounts, 2023 Ark. 53, at 11, 660 S.W.3d 801, 808. In a bench trial, the court bases its findings on admissible evidence only. See Williams

v. Illinois, 567 U.S. 50, 69–70 (2012). The only evidence received at trial are exhibits 1 and 2 and the uncontested testimony of Chantilly S. Reddmann. Based on this evidence, Chantilly S. Reddmann is the beneficiary of Policy Number A 1073088, John B. Reddmann’s life insurance policy with the Baltimore Life Insurance Company. II. CONCLUSION

For the foregoing reasons, judgment is entered for Chantilly S. Reddmann. The Clerk of Court is directed to pay the $9,970.68, plus interest accrued, deposited into the registry of the court by the Baltimore Life Insurance Company, to Chantilly S. Reddmann.

2 IT IS SO ORDERED this 8th day of January, 2024. Birr A IVe_ UNITED STATES DISTRICT JUDGE

The Baltimore Life COMPANIES Whole Life Insurance Policy This policy insures the life of the Insured. This is a Whole Life Insurance Policy. It also gives important benefits to you, the Insurance is payable at the Insured's Policy Owner. The Baltimore Life death. Premiums are payable for the Insurance Company (we) will pay the period shown on the Policy Data Page. death benefit to the Beneficiary when we This policy is nonparticipating and is not receive proof of the Insured's death. eligible to receive dividends. This policy is a legal contract between > you and us. Please read it carefully. AP □ baer TAKE A_10 DAY FREE LOOK. YOU President CAN RETURN THIS POLICY TO THE AGENT WHO SOLD IT TO YOU OR TO OUR HOME OFFICE WITHIN 10 DAYS ’ AFTER YOU RECEIVE IT. IF YOU DO, Sf WE’LL REFUND ANY PREMIUM PAID. “a THE POLICY WILL THEN BE TREATED Secretary AS IF IT WERE NEVER ISSUED. In the event you have questions, need information concerning this coverage or if you need assistance in_ resolving complaints, please contact us at: ae ee) ada at Od am eced □□ seem □□□ OC elas | eM Tri: ie Bd Pleo | ys. tay KX) Reled ete) □□□ PALL

FORM 7870(AR) □□□□□□□ 1

Policy Guide Major Sections Page Policy Data and ValUe@S ..............c □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ I Basic Policy Facts □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ D Beneficiary & OWNED oo...... □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ © Settlement at Death of the Insured ........ ee Premium PayMentS □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ | Cash Value Benefits for YOU... cceeeeetttteeeeeeeee O Other Important Terms □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ D Riders/Endorsements Copy of Application(s)

The Baltimore Life COMPANIES

NOTICE TO POLICYOWNERS: On the cover of this policy is a notice about your "Free Look." The free look period begins the day you receive your policy. During this period you can return the policy to your agent or to the home office and we will refund any premium paid. The policy will be treated as if it was never issued. If this policy replaces a policy from another company or an existing policy with Baltimore Life, your free look period is 30 days, even though a shorter time period may be shown on the cover of your policy. PENNSYLVANIA POLICYOWNERS ONLY: If this policy replaces a policy from another company, your free look period is 30 days. However, under Pennsylvania law, if this policy replaces an existing Baltimore Life policy, your free look period is 45 days. These provisions apply even though a shorter time period may be shown on the cover of your policy. If you have any questions about your policy, please contact your agent or our Customer Service Department in the home office at 1-800-628-5433.

Form 8050

01/05/09 THE BALTIMORE LIFE INSURANCE COMPANY

POLICY DATA PAGE THIS PAGE SHOWS SPECIFIC INFORMATION ABOUT THIS POLICY AND IS REFERRED TO THROUGH- OUT THE POLICY. INSURED JOHN B REDDMANN MALE 64 SEX/ISSUE AGE POLICY DATE JANUARY 15, 2009 A 1073088 POLICY NUMBER FACE AMOUNT $14,000.00 STANDARD PREMIUM CLASS OWNER JOHN B REDDMANN SCHEDULE OF BENEFITS AND PREMIUMS

DESCRIPTION OF POLICY PLAN ANNUAL PAYABLE AND ATTACHED AGREEMENTS PREMIUM FOR WHOLE LIFE INSURANCE POLICY $1,150.00 36 YEARS TOBACCO $14,000 - ACCIDENTAL DEATH BENEFIT RIDER $22.68 6 YEARS JOHN B REDDMANN

TOTAL ANNUAL PREMIUM AS OF JANUARY 15, 2009 - $1,172.68 TOTAL PREMIUM ON OTHER MODES IS AS FOLLOWS: MONTHLY BANK ANNUAL SEMI-ANNUAL QUARTERLY DRAFT* $1,172.68 $621.52 $316.62 $105.54 * MONTHLY BANK DRAFT - A RATE AVAILABLE IF WE ARE AUTHORIZED BY YOU TO RECEIVE PREMIUM PAYMENTS DIRECTLY FROM YOUR BANK ACCOUNT. IF WE DO NOT RECEIVE PAYMENT FROM YOUR ACCOUNT DUE TO INSUFFICIENT FUNDS, WE MAY CHANGE YOUR MODE OF PREMIUM PAYMENT TO MONTHLY DIRECT BILL. IN THAT EVENT, YOUR MONTHLY PREMIUM WILL BECOME $117.27. THE PREMIUMS FOR A BENEFIT ARE PAYABLE FOR THE NUMBER OF YEARS SHOWN, BUT NOT BEYOND THE END OF THE POLICY MONTH IN WHICH THE INSURED'S DEATH OCCURS.

FORM 7870 L50NT 1 WHOLE LIFE INSURANCE POLICY TOBACCO

INSURED JOHN B REDDMANN $14,000.00 FACE AMOUNT POLICY NUMBER _ A 1073088

TABLE OF GUARANTEED CASH VALUE BENEFITS

END OF REDUCED YEAR AGE JANUARY 15 VALUE* INSURANCE* YEARS DAYS ENDOWMENT 1 65 2010 $ 0.00 $ 0.00 0 0 $ 0.00 2 66 2011 $ 0.00 $ 0.00 0 0 $ 0.00 3 67 2012 $ 378.00 $ 751.58 1 127. $ 0.00 4 68 2013 $ 784.00 $ 1,513.57 2 204.

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Related

Williams v. Illinois
132 S. Ct. 2221 (Supreme Court, 2012)
C. & A. Construction Co. v. Benning Construction Co.
509 S.W.2d 302 (Supreme Court of Arkansas, 1974)
Allen v. FIRST NAT. BANK OF FORT SMITH
547 S.W.2d 118 (Supreme Court of Arkansas, 1977)
Nunnenman v. Estate of Grubbs
374 S.W.3d 75 (Court of Appeals of Arkansas, 2010)
Acklin v. Riddell
856 S.W.2d 322 (Court of Appeals of Arkansas, 1993)

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Witt v. Reddmann, Counsel Stack Legal Research, https://law.counselstack.com/opinion/witt-v-reddmann-ared-2024.