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CONSECO LIFE INSURANCE CO. v. JUDITH CIACCIA, ET AL.

MEMORANDUM

FREDERICK MOTZ, District Judge

Judith Ciaccia has filed a motion for summary judgment. After being advised of the consequences of a failure to do so, Eva Mae Jones and Carlton L. Gray Funeral and Cremation Service have not responded to the motion.

The record establishes that no change of beneficiary form was ever filed with, or approved by, Conseco naming Eva Mae Jones as a beneficiary of the life insurance policy in question. The policy requires both the submission of a written change of beneficiary form and its approval by Conseco. Accordingly, Jones is not entitled to recovery of the proceeds of the policy. Likewise, Carlton L. Gary Funeral and Cremation Service is not entitled to recover a portion of the proceeds of the policy because its interest arises from a purported assignment made to it by Eva Mae Jones.

A separate order granting Judith Ciaccia's motion is being entered herewith.

ORDER

For the reasons stated in the accompanying memorandum, it is, this 4th day of December 2007

ORDERED

1. The motion for summary judgment filed by defendant Judith Ciaccia is granted;

2. Judgment is entered in favor of Ciaccia against Eva Mae Jones and Carlton L. Gray Funeral and Cremation Service; and

3. The Clerk is directed to disburse to Judith Ciaccia, with interest, the proceeds of the life insurance policy the Clerk is holding in escrow.

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CONSECO LIFE INSURANCE CO. v. CIACCIA
(Dec 4, 2007)