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UNUM Life Insurance Company of America v. Marcum

October 20, 2006

UNUM LIFE INSURANCE COMPANY OF AMERICA,
v.
CHARMAINE MARCUM, PERSONALLY AND AS SUCCESSOR ADMINISTRATOR OF THE ESTATE OF JAN AGREED ENTRY APPROVING MARIE WRIGHT, ET AL. SETTLEMENT AGREEMENT



The opinion of the court was delivered by: Magistrate Judge Kemp

The Court has been advised that Plaintiff UNUM Life Insurance Company of America, Defendant Charmaine Marcum as Successor Administrator of the Estate of Jan Marie Wright, Intervening Defendants R. William Meeks and Samuel H. Shamansky, and Defendant Mary Elizabeth Rhoades have reached an agreement regarding the disposition of the life insurance proceeds which are the subject of this proceeding. These parties represent as follows:

(1) That Jan Marie Wright was shot to death in Franklin County, Ohio by her husband, Richard Wright, on January 11, 2002.

(2) That Richard Wright pled guilty to negligent homicide and was sentenced to six months incarceration, which sentence has been served.

(3) That Defendants R. William Meeks and Samuel H. Shamansky, attorneys who represented Richard Wright in the criminal proceeding, obtained a judgment against Richard Wright for unpaid attorney fees in the sum of $20,850 plus interest in the Franklin County Court of Common Pleas, and subsequently filed a Complaint for Bill in Equity in the Probate Court of Franklin County, Ohio, in which proceeding the Court ordered payment of the judgment from the share of the decedent's Estate that was due to Richard Wright.

(4) That at the time of her death, Jan Marie Wright was insured through her employer under two group life insurance policies (one of which was for accidental death and dismemberment) written by Plaintiff UNUM Life Insurance Company of America, each in the face amount of $20,000.

(5) That Jan Marie Wright had not designated a beneficiary under said policies, and the policies provide that in such circumstances the proceeds shall be paid to the decedent's Estate, or, at the election of UNUM Life Insurance Company of America, to a surviving family member in the following order of priority: (a) spouse; (b) child or children; (c) mother or father; (d) sisters or brothers.

(6) Plaintiff UNUM Life Insurance Company of America has not, to date, made an election under the policies regarding payment of the insurance proceeds.

(7) Defendant Richard Wright signed a Waiver of Service of Process in this proceeding, but has failed to move or plead herein, and he has further signed two Waiver and Consent forms in which he waived and renounced any claim to the insurance proceeds and consented, although inconsistently, to payment of such insurance proceeds to Defendant Mary Elizabeth Rhoades or, alternatively, to decedent's Estate.

(8) Defendant Mary Elizabeth Rhoades signed a Waiver of Service of Process in this proceeding, but has failed to move or plead herein.

(9) The father of Jan Marie Wright predeceased his said daughter, and decedent had no children.

The terms of the agreement and proposed settlement are as follows:

(a) Plaintiff shall pay into the Clerk of this Court the amount currently due on the subject life insurance policies, which totaled at the time of the prior Pretrial Conference on June 27, 2006 the sum of $44,678.20.

(b) Plaintiff shall file a Motion for Default Judgment against Defendant Richard Wright, seeking an Order that Richard Wright shall not receive any of the ...


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