MacPherson-Pomeroy v. N. Am. Co. for Life & Health Ins.

Full title: BARBARA MACPHERSON-POMEROY, Plaintiff, v. NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE, Defendant. NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE, Counter Claimant, v. BARBARA MACPHERSON-POMEROY, Counter Defendant. NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE, Third-Party Plaintiff, v. DEBANEE MACPHERSON UDALL and MELANIE RODRIGUEZ, Third-Party Defendants.

Court: United States District Court, Eastern District of California

Date published: Apr 7, 2022

Facts

This matter arises from the death of plaintiff Barbara MacPherson-Pomeroy’s husband, Casey MacPherson-Pomeroy, who held a life insurance policy in the amount of $1,500,000 purchased from defendant North American. 

In August 2018, Barbara and Casey moved to the Island of Anguilla, a British overseas territory in the Caribbean. (Doc. No. 76-2 at ¶¶6-7.) While in Anguilla, a group of Casey’s childhood friends and Carly Guillory Chuck and Alisha Visited Casey and Barbara to celebrate the new year. (Doc. No. 76-4 at 204.) On the evening of December 30, 2018, the three couples visited an outdoor beach bar. (Id.) While walking home from the beach bar, Barbara, Casey, and Caleb each drank from the same plastic cup containing an alcoholic beverage, which had been left unattended immediately before the group left for home. (Id. at 204-05; Doc. No. 76-2 at ¶ 8.) Shortly after arriving home, all three became seriously ill. (Doc. No. 76-2 at ¶ 9.) Caleb and Casey died on December 30 and 31, 2018, respectively, while Barbara survived. (Id. at ¶ 10.) When the plaintiff’s motion was filed, no criminal charges had been brought against Barbara or anyone else in the group that attended the beach bar on December 30, 2018. (Doc. No. 76-2 at ¶ 12.) Barbara maintains that she did not kill Casey. (Id. at ¶22.)

Issue

Decision

Barbara MacPherson-Pomeroy’s motion for summary judgment was granted, and Debanee MacPherson Udall’s motion for continuance and appointment of counsel was denied. Debanee MacPherson Udall’s claim to a portion of life insurance proceeds under Policy No. LB02834040 was dismissed with prejudice. The Clerk of the Court was directed to terminate Udall and Rodriguez from the action and enter judgment in favor of MacPherson-Pomeroy, stating she is the sole beneficiary. The remaining parties are advised to contact Courtroom Deputy Mamie Hernandez for scheduling or status conferences.

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