Lincoln National suing granddaughter, grandmother who both allegedly claim to be beneficiaries of deceased man

By Travis Zuellig | Jan 31, 2016

SAN FRANCISCO — A life insurance company is suing a minor and her grandmother who both allegedly claim they are the proper beneficiary of a life insurance policy.

The Lincoln National Life Insurance Company filed a lawsuit on Dec. 16, 2015 in the Northern District of California District Court against N.W., a minor, and Tanya Morris-Harvey, who is the mother of the DeAndre Wilson.

According to the suit, Wilson had an employee welfare benefit plan sponsored by the Italian-American Corporation and governed by the Employment Retirement Income Security Act of 1974. The policy, provided by Lincoln, allegedly included a $50,000 personal life insurance benefit and a $50,000 accidental death and dismemberment benefit.

The defendants have each allegedly made competing claims to the policy’s proceeds. N.W., whom Wilson purportedly identified as his daughter and the primary beneficiary, allegedly submitted a claim to be the designated beneficiary. The plaintiff avers Morris-Harvey also submitted a claim state she was the designated primary beneficiary resulting in uncertainty in who should receive the benefits, which potentially puts Lincoln in jeopardy of facing double liability.

Lincoln is seeking to leave the deposit with the registry of the court the sum of $100,000 in full obligation under the policy and an order discharging them from all further liability under the policy.

Douglas A. Scullion and Megan Barker of San Francisco-based Dentons US LLP represent Lincoln.

Northern District of California District Court Case 315-cv-05763-EDL

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