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American International Life Assurance Co. of New York v. Vazquez

Court splits life insurance proceeds between decedent's widow and decedent's daughter.

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Judge Baer

AMERICAN INTERNATIONAL LIFE ASSURANCE CO. OF NEW YORK v. VAZQUEZ — On September 11, 2001, Arcangel Vazquez (“Arcangel”) died in the World Trade Center attack. Sadly, this case arises from a dispute between surviving members of Arcangel’s family who claim that they are the sole rightful beneficiary of Arcangel’s accidental death insurance policy, which totals $500,000. Following Arcangel’s death, American International Life Assurance Company of New York (“AIG”) brought this interpleader action to determine the rightful beneficiary. After AIG deposited the insurance proceeds with the Clerk of the Court, I dismissed AIG from the case. A bench trial was held on November 4, 2002 and November 5, 2002, and the parties’ post-trial memoranda were served and filed on November 25, 2002. The decedent’s widow, Nancy Vazquez (“Nancy”), and decedent’s daughter, Melissa Vazquez (“Melissa”) each contend that they are entitled to all of the proceeds from the insurance policy. For the foregoing reasons, Nancy and Melissa Vazquez have each proven by a preponderance of evidence that they were likely named as beneficiaries on the disputed insurance policy. Both, however, have failed to prove that the other was either removed from designation on the policy or otherwise disqualified from receiving the proceeds, thus the proceeds will be split evenly between Nancy and Melissa Vazquez.

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