Vance
Vance v. Berkshire Hathaway Life Insurance Company of Nebraska
Opinion
Trial Court Opinion
I. Background1
22 This case concerns a structured settlement annuity. In May 2016, John Eutsler 23 settled a personal injury claim with a third-party. Compl., ECF No 1-4, ¶ 7. The third- 24 party then assigned its obligations to Eutsler to Berkshire Hathaway Group Structured 25
27 1 The Court here is not making any findings of fact, but rather summarizing the relevant 28 Settlements, Inc. (“BHG”), and BHG purchased an Annuity Contract (the “Annuity”) from Defendant BHLN to fund its obligation to make periodic structured settlement payments to Eutsler. Id. at ¶ 8. The Annuity specifies that BGH is the “Owner” of the Annuity, Eutsler is the “Optional Payee” and Defendant Barnett, Eutsler’s sister, is the “Contingent Payee.” Id. at Ex. 1. Eutsler later became engaged to Vance. Id. at ¶ 17. On April 19, 2019, Eutsler changed his address with BHLN to Vance’s address in Carlsbad, California, which BHLN acknowledged by letter on April 26, 2019. Id. at Ex. 2. Also on April 19, 2019, Eutsler executed a Beneficiary Designation or Change Request (“Change Request”), which was notarized in San Diego, California. Id. at Ex. 3. The Change…