Kallel
Protective Life Insurance Company v. Kallel
Opinion
Trial Court Opinion
I. BACKGROUND
24 A. Factual Background 25 On or around November 19, 2003, Plaintiff Protective Life (“Plaintiff” or 26 “Protective Life”) issued a life insurance policy, Policy Number PL0802792 (the “Policy”), 27 to Edward Adam Kallel (the “Insured”) in the amount of $1,500,000.00. ECF No. 1, 28 Complaint-in-Interpleader (“Compl.”) ¶ 8. The Policy stated that “[a] beneficiary is any person named by the Owner in the Company’s records to receive the insurance proceeds after the Insured dies.” Id. ¶ 9. Nazeera Kallel (“Nazeera”), the Insured’s wife at the time, was designated as the Policy’s primary beneficiary. Id. ¶ 8. On December 30, 2015, a divorce judgment for the dissolution of the Insured and Nazeera’s marriage was entered in a family law proceeding. Id. at 35–36. The Insured and Nazeera executed a marital settlement agreement (“Agreement”) in which the parties agreed that “[e]xcept as provided to the contrary in this Agreement, each party shall become the owner of any policy of life insurance insuring his or her respective life and shall be entitled to any benefits accruing from that ownership, including without limitation…