Even though Carla Durham, who was insured by the life insurance policy at issue, named defendant Hiller as her beneficiary, since (1) the policy was owned by Durham’s company, (2) her company assigned the policy to defendant A.E. Pennebaker Co. in exchange for a line of credit, and (3) there is no evidence that the assignment was modified or is no longer in force, Pennebaker is entitled to the proceeds of the policy.
The court grants Pennebaker’s motion for partial summary judgment. The clerk of court is not to disburse the insurance policy proceeds until after the court addresses the insurance company’s request for attorney’s fees and costs.
Massachusetts Mutual Life Insurance Co. v. Hiller (Lawyers Weekly No. 002-129-18, 7 pp.) (J. Michelle Childs, J.) 6:16-cv-01643; Don Lawrence Kristinik III, Kristen Elizabeth Horne and Mary Kathleen McTighe Mellen for plaintiff; Randall Scott Hiller, James Henry Cassidy and Joshua Jennings Hudson for defendants. D.S.C.