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Nationwide Life Insurance Co. v. Martinez

United States District Court, D. Nevada

June 1, 2017

NATIONWIDE LIFE INSURANCE COMPANY, Plaintiff,
v.
LYNN MARTINEZ, AMERICAN FUNERAL FINANCIAL, LLC, DIANE COLLEY, MICHELLE COLLEY, MELISSA COLLEY and MEGAN COLLEY, Defendants.

          THOMPSON COBURN LLP John L. Viola Admitted Pro Hac Vice Attorney for Plaintiff, Nationwide Life Insurance Company

          WOODBURN AND WEDGE W. Chris Wicker, Esq. Attorney for Plaintiff, Nationwide Life Insurance Company

          THRONE & HAUSER Dawn R. Throne Attorneys for Defendant and Cross Defendants Diane Colley, Michelle Colley, Melissa Colley and Megan Colley

          PAYNE & FEARS LLP Gregory H. King Chad Olsen, Nevada Bar No. 12060 Attorneys for Defendant and Cross- Claimant, American Funeral Financial, LLC

          SOLOMON DWIGGINS & FREER, LTD. Jeffrey P. Luszek Attorneys for Defendant and Cross- Defendant Lynn Martinez

          STIPULATION AND ORDER DISCHARGING NATIONWIDE LIFE INSURANCE COMPANY AND FOR DISMISSAL ECF NO. 36

          Jennifer Dorsey U.S. District Judge

         This Stipulation is entered by and between the following parties, by and through their respective counsel: Nationwide Life Insurance Company (“Nationwide”), Lynn Martinez (“Martinez”), America Funeral Financial, LLC (“AFF”), Diane Colley, Michelle Colley, Melissa Colley and Megan Colley (collectively, the “Colleys”).

         FACTS

         1. On or about November 30, 1992, Nationwide issued its Life Insurance Policy Number L030421220 (the “Policy”), to David Colley. David Colley was both the owner of and insured under the Policy.

         2. In his application for the Policy, Mr. Colley listed his then spouse, Defendant Diane Colley, as the primary beneficiary under the Policy. Mr. Colley listed his daughters, Michelle Colley, Melissa Colley and Megan Colley, as contingent beneficiaries.

         3. On or about October 16, 2015, Nationwide received an Application for Change of Beneficiary Designation by which Mr. Colley requested that the primary beneficiary under the Policy be changed to Lynn Martinez, “girlfriend/fiancé, ” and that the contingent beneficiaries be changed to Robert R. Roik, “friend, ” Lisa Johnson, “friend, ” Jeffrey Strough, “friend, ” and Jayme Strough, “friend.” Mr. Colley's signature is dated October 16, 2015, and his signature witnessed by Carla Roik on December 1, 2015.

         4. Mr. Colley died on March 4, 2016.

         5. On March 8, 2016, Nationwide received an “Insurance Assignment” from Defendant AFF purporting to assign $11, 738.80 in Policy death benefits to AFF. The Assignment Form is signed by Defendant Lynn Martinez and is dated March 7, 2016.

         6. On or about April 11, 2016, Nationwide received a Life Beneficiary Claim Form from Defendant Lynn Martinez, requesting ...


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