United States Sixth Circuit

In life insurance companies' interpleader and declaratory relief action brought to determine who was due annuity payments originally received by a decedent, summary judgment for decedent's daughter is affirmed where: 1) the district court properly found that a separation agreement between decedent and his ex-wife was not an assignment of his right to receive periodic payments under a settlement agreement and that the annuity payments were exempt from the ex-wife's garnishment action under Virginia law; 2) the district court properly found that a transaction between decedent and a loan company was legally invalid and against the public policy of Virginia; 3) there was no abuse of discretion in deciding the equities did not weigh in favor of specifically enforcing the transaction; and 4) thus, decedent's daughter was entitled to the annuity payments as the named beneficiary.

Appellate Information

• Decided 11/13/2007
• Published 11/13/2007

Judges

• Before:  MARTIN, GUY, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Carrollyn C. Cox, Cox & Cox, Virginia Beach, Virginia, Christopher H. Howard, Schwabe, Williamson & Wyatt, Seattle, Washington, Todd A. Shelton, Rogers, Laughlin, Nunnally, Hood & Crum, Greeneville, Tennessee, for Defendants.  H. Mark Stichel, Gohn, Hankey & Stichel, Baltimore, Maryland, for Plaintiffs. ON BRIEF:  Carrollyn C. Cox, Cox & Cox, Virginia Beach, Virginia, Jerry W. Laughlin, Rogers, Laughlin, Nunnally, Hood & Crum, Greeneville, Tennessee, Howard E. Jarvis, Woolf, McClane, Bright, Allen & Carpenter, Knoxville, Tennessee, H. Scott Reams, Taylor, Reams, Tilson & Harrison, Morristown, Tennessee, for Defendants.  H. Mark Stichel, Gohn, Hankey & Stichel, Baltimore, Maryland, for Plaintiffs.