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Appointment of Guardian Ad Litem in Insurance Dispute for Minor Defendants, Slides of Civil Law

An order from the united states district court, eastern district of tennessee at chattanooga, appointing tonya cammon as guardian ad litem for minor defendants c.g. And c.n. In a life insurance dispute. The court finds that the interests of the minor defendants are currently unrepresented and grants the motion for appointment of a guardian ad litem. The guardian ad litem is given the duty and authority to defend the action on behalf of the minor defendants, investigate the applicability of tennessee's slayer statute, and investigate whether half-siblings qualify as 'brothers and sisters' under tennessee's intestacy statute, among other duties.

What you will learn

  • What is the role of the guardian ad litem in this case?
  • How does Tennessee's Slayer Statute apply to this case?
  • Who is the guardian ad litem appointed for in this case?

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
GERBER LIFE INSURANCE COMPANY, )
)
Plaintiff, )
) No. 1:11-cv-31
v. )
)Mattice / Lee
SAMANTHA WALLACE, et al.,)
)
Defendants. )
ORDER APPOINTING GUARDIAN AD LITEM
Before the Court is a motion of Plaintiff Gerber Life Insurance Company (“Gerber”) for the
appointment of a guardian ad litem in this action to represent in the interests of two minor
defendants, C.G. and C.N. [Doc. 3]. A hearing on the motion was held on June 2, 2011.1
On February 10, 2011, Gerber filed a petition for interpleader on the issue of three life
insurance policies for a minor child C.W., daughter of Samantha and Thomas Wallace [Doc. 1]. In
this petition, Gerber named 11 Defendants, including Samantha and Thomas Wallace, C.W.’s
parents; C.G. and C.N., C.W.’s minor half-brother and half-sister, respec tively; Bobby Nolan, Teresa
Nolan, Sandi Wallace, the estate of Dena McNabb, Randy Basham, and Larry Johnson, all
grandparents of C.W.; and Whitwell Memorial Funeral Home, which has since been dismissed [Doc.
1, 31].
1 At the hearing, Defendant Samantha Wallace and Plaintiff Gerber Life Insurance Company
were represented by counsel. Defendant Mattea L. Rolin, administrator for the estate of Dena
McNabb, filed a written response stating no objection to the motion and was excused from the
hearing. No other parties appeared, despite notice of the hearing.
Case 1:11-cv-00031-HSM-SKL Document 34 Filed 06/07/11 Page 1 of 4 PageID #:
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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT CHATTANOOGA

GERBER LIFE INSURANCE COMPANY, )

Plaintiff, ) ) No. 1:11-cv- v. ) ) Mattice / Lee SAMANTHA WALLACE, et al. , ) ) Defendants. )

ORDER APPOINTING GUARDIAN AD LITEM

Before the Court is a motion of Plaintiff Gerber Life Insurance Company (“Gerber”) for the

appointment of a guardian ad litem in this action to represent in the interests of two minor

defendants, C.G. and C.N. [Doc. 3]. A hearing on the motion was held on June 2, 2011.^1

On February 10, 2011, Gerber filed a petition for interpleader on the issue of three life

insurance policies for a minor child C.W., daughter of Samantha and Thomas Wallace [Doc. 1]. In

this petition, Gerber named 11 Defendants, including Samantha and Thomas Wallace, C.W.’s

parents; C.G. and C.N., C.W.’s minor half-brother and half-sister, respectively; Bobby Nolan, Teresa

Nolan, Sandi Wallace, the estate of Dena McNabb, Randy Basham, and Larry Johnson, all

grandparents of C.W.; and Whitwell Memorial Funeral Home, which has since been dismissed [Doc.

1, 31].

(^1) At the hearing, Defendant Samantha Wallace and Plaintiff Gerber Life Insurance Company

were represented by counsel. Defendant Mattea L. Rolin, administrator for the estate of Dena McNabb, filed a written response stating no objection to the motion and was excused from the hearing. No other parties appeared, despite notice of the hearing.

Case 1:11-cv-00031-HSM-SKL Document 34 Filed 06/07/11 Page 1 of 4 PageID #:

According to the petition for interpleader, Samantha Wallace purchased three life insurance

policies for C.W.—two $15,000 policies, one in April and one in November of 2008, and a $5,

policy also in November of 2008 (“the Policies”). The Policies list Samantha and Thomas Wallace

as co-beneficiaries. On July 12, 2010, C.W.’s half-brother, C.G., shot and killed C.W. after C.W.’s

mother, Samantha Wallace, put the children in a bedroom for a nap. Samantha and Thomas Wallace

were charged with negligent homicide in connection with C.W.’s death. According to Samantha

Wallace’s attorney, this charge is still pending and not yet set for trial.

Gerber alleges that the facts of this case make it difficult to determine who is entitled to the

proceeds of the Policies. First, the negligent homicide charge against Samantha and Thomas

Wallace raises the question of the applicability in this case of Tennessee’s “Slayer Statute,” which

reads:

Any person who shall kill, or conspire with another to kill, or procure to be killed, any other person from whom the first named person would inherit the property, either real or personal, or any part of the property, belonging to the deceased person at the time of the deceased person’s death, or who would take the property, or any part of the property by will, deed, or otherwise, at the death of the deceased, shall forfeit all right in the property, and the property shall go as it would have gone under provisions of § 31-2-104, or by will, deed or other conveyance, as the case may be; provided, that this section shall not apply to any such killing done by accident or in self defense (Tenn. Code Ann. § 31-1-106).

If this statutory provision is not applicable in this case, the named beneficiaries would presumably

receive the proceeds of the Policies. If, on the other hand, the statute applies and the named

beneficiaries “forfeit” their interest, then the parties appear to agree that the proceeds of the Policies

would pass under Tennessee’s intestacy statute. In that case, a second issue may arise—namely,

whether C.G. and C.N., as half-siblings, qualify as “brothers and sisters.” See Tenn. Code Ann. §

Case 1:11-cv-00031-HSM-SKL Document 34 Filed 06/07/11 Page 2 of 4 PageID #:

The Clerk is hereby DIRECTED to add attorney Cammon’s name as guardian ad litem in

this matter for the minor Defendants C.G. and C.N. The Clerk is further DIRECTED to serve a

copy of this Order on attorney Cammon, on all counsel of record, and all unrepresented parties.

SO ORDERED.

ENTER:

s/fâátÇ ^A _xx

SUSAN K. LEE

UNITED STATES MAGISTRATE JUDGE

Case 1:11-cv-00031-HSM-SKL Document 34 Filed 06/07/11 Page 4 of 4 PageID #: