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Desia v. GE Life & Annuity Assurance Co.

Citation: 350 F. App'x 542Docket: No. 08-5641-cv

Court: Court of Appeals for the Second Circuit; October 28, 2009; Federal Appellate Court

Narrative Opinion Summary

In this case, the plaintiff, acting as trustee of a trust purportedly designated as the beneficiary of an annuity, appealed a summary judgment granted in favor of the insurance company. The primary legal issue concerned whether there was sufficient evidence to demonstrate the decedent's intent to change the beneficiary of her annuity from her sisters to the trust. The district court granted summary judgment, ruling that no genuine issue of material fact existed regarding the decedent's intent. The plaintiff's evidence was limited to speculative testimony, lacking substantive support for the claimed beneficiary change. Allegations challenging the financial adviser's credibility also failed to raise a material fact issue. The appellate court affirmed the district court's decision, concluding that the plaintiff did not provide sufficient evidence to overcome the summary judgment. Consequently, the original beneficiary designation in favor of the decedent's sisters remained effective, resulting in a decision favoring the insurance company, which withheld payment to the non-existent trust.

Legal Issues Addressed

Credibility of Witness Testimony

Application: Allegations regarding the financial adviser's credibility were inadequate to create a material fact dispute without affirmative evidence supporting the claims.

Reasoning: Desia's claims regarding Stewart’s credibility did not suffice to establish a material fact dispute, as mere allegations of his incompetence did not provide affirmative evidence of Bess’s intentions.

Evidence of Intent in Beneficiary Designation

Application: The plaintiff's testimony about the decedent’s question was considered speculative and insufficient to demonstrate the decedent’s intent to change the beneficiary.

Reasoning: The plaintiff's sole evidence of Bess's intent was Desia’s testimony about a question Bess asked, which the court deemed speculative without sufficient supporting evidence.

Summary Judgment Standard

Application: The court found that there was no genuine issue of material fact regarding the beneficiary designation, and thus summary judgment was appropriate.

Reasoning: The court affirmed the summary judgment, finding no genuine issue of material fact regarding Bess’s intent to designate the Solomon trust as the beneficiary over her sisters, who were the original beneficiaries.