Campbell v. WE Transp., Inc.
| Decision Date | 02 March 2020 |
| Docket Number | 18 CV 5354 (MKB)(LB) |
| Parties | COLLETTE CAMPBELL, Administrator Representative of the Estate of Willie Campbell, Deceased, Plaintiff, v. WE TRANSPORT, INC. a New York Corporation, and UNIMERICA LIFE INSURANCE COMPANY OF NEW YORK, a New York Corporation, Defendants. |
| Court | U.S. District Court — Eastern District of New York |
REPORT AND RECOMMENDATION
Pro se plaintiff, Collette Campbell, brings this action against defendants, Unimerica Life Insurance Company of New York ("Unimerica") and WE Transport, Inc. ("WE Transport"), alleging violations of her rights under the Employee Retirement Income Security Act of 1974 as amended, 29 U.S.C. § 1001 et seq. ("ERISA"). Plaintiff seeks to recover life insurance benefits she claims are owed to her as the administrator of her brother Willie Campbell's Estate under an employee benefits plan established by Willie's employer, WE Transport.1 Defendants move forsummary judgment on all of plaintiff's claims. The Honorable Margo K. Brodie referred defendants' motion to me for a Report and Recommendation to me in accordance with 28 U.S.C. § 636(b). Although the Court is empathetic to the circumstances giving rise to plaintiff's case, defendants' motion for summary judgment should be granted and plaintiff's complaint should be dismissed for the reasons set forth below.
The following facts are drawn from plaintiff's complaint ("Compl."), ECF No. 1, defendants' Rule 56.1 statement of undisputed material facts ("Defs. 56.1"), ECF No. 34-7, plaintiff's response to defendants' Rule 56.1 statement of undisputed material facts, ("Pl. 56.1"), ECF No. 32, and documents annexed thereto.2
From July 1, 2010 through April 28, 2017, Willie was employed by WE Transport and worked twenty-seven and a half hours per week. Defs. 56.1 ¶ 1; UNIMERICA at 50.3 By virtue of his employment, Willie was a participant in an ERISA-governed employee life insurance plan (the "Plan") established by WE Transport. Defs. 56.1 ¶ 1; UNIMERICA at 3-25. The Plan providedlife insurance coverage funded by a group life insurance Policy No. GL-304835 (the "Policy"). Defs. 56.1 ¶ 1; UNIMERICA at 3-25. Willie's life insurance benefits under the Plan totaled $15,000.00.4 Defs. 56.1 ¶ 2; UNIMERICA at 8, 50.
The Policy was to be administered by Unimerica. Defs. 56.1 ¶¶ 3-5; UNIMERICA at 10-11, 22. As the claims administrator, Unimerica had "discretionary authority to determine the Covered Person's or Dependent's eligibility" to collect life insurance benefits pursuant the Policy. Defs. 56.1 ¶ 4; UNIMERICA at 11.
The Plan provided that "[t]he Covered Person's beneficiary will be the person(s) he names in writing to receive any amount of insurance payable due to his death[.]" Defs. 56.1 ¶ 7; UNIMERICA at 15. However, "[i]f there is no named beneficiary living at the Covered Person's death, [Unimerica] will pay any amount due to the estate, or at [Unimerca's] option, to his: 1. legal spouse; 2. natural or legally adopted children in equal shares; or 3. estate." Defs. 56.1 ¶ 7; UNIMERICA at 15.
Willie died on July 28, 2017. Defs. 56.1 ¶ 11; UNIMERICA at 46. Around August 14, 2017, Unimerica received a letter from WE Transport attaching a proof of death claim form completed by plaintiff, Willie's death certificate, and Willie's time records for the last three months of his employment. Defs. 56.1 ¶ 12; UNIMERICA at 26-27, 48-63. In the letter to Unimerica,WE Transport stated that Willie did not have a beneficiary designation form on file. Defs. 56.1 ¶ 13; UNIMERICA at 48. Furthermore, WE Transport reported that it was contacted by plaintiff, who explained that she is Willie's sister and had submitted a proof of death claim to WE Transport stating that she was Willie's "next of kin sister." Defs. 56.1 ¶¶ 14-15; UNIMERICA at 48-49.
By letter dated August 17, 2017, Unimerica informed plaintiff that it could not process her claim for life insurance benefits because she had not completed a Claimant's Facility of Payment Affidavit ("Facility of Payment Affidavit") pursuant to the Plan. Defs. 56.1 ¶ 16; UNIMERICA at 64. Unimerica explained to plaintiff that the Facility of Payment Affidavit was required because Willie did not have a beneficiary designation on file. Defs. 56.1 ¶ 16; UNIMERICA at 64.
Around August 30, 2017, plaintiff submitted her Facility of Payment Affidavit. Defs. 56.1 ¶ 17. UNIMERICA at 29, 72-75. Plaintiff stated that Willie was survived by four adopted children: Jeanelle Owen, Takia Campbell, Bruce Campbell, and Bayquan Campbell. Defs. 56.1 ¶ 18; UNIMERICA at 73. Plaintiff provided home addresses for Jeanelle and Takia and stated that she was unaware of Bruce and Bayquan's addresses. Defs. 56.1 ¶ 19; UNIMERICA at 73. As part of the Facility of Payment Affidavit, plaintiff affirmed the following:
The information I have provided herein is true, correct, and complete to the best of my knowledge. I understand that the completion of this form does not guarantee payment under the above policy. I understand that if payable, policy proceeds will be paid pursuant to the beneficiary/facility of payment provision in the above referenced policy based on the information that I have provided herein. I understand and agree that the payment of the proceeds (in whole or in part) under the above referenced group insurance policy will be paid pursuant to its term[s] to either myself, paid amongst the surviving relatives of the insured or will be paid to the Insured's estate.5
Defs. 56.1 ¶ 22; UNIMERICA at 74. After receiving plaintiff's Facility of Payment Affidavit, Unimerica contacted Jeanelle and Takia. Defs. 56.1 ¶ 24; UNIMERICA at 29.
Around September 8, 2017, Jeanelle returned the proof of death claim form in which she stated that she is Willie's daughter. Defs. 56.1 ¶ 25; UNIMERICA at 29, 81. Unimerica responded to her the same day and reported that her claim for life insurance benefits had been approved in the amount of $3,750.00, plus interest to date in the amount of $4.02. Defs. 56.1 ¶ 26; UNIMERICA at 78. Unimerica sent Jeanelle the total amount, $3,754.02, by check dated September 11, 2017, which she deposited. Defs. 56.1 ¶¶ 26-27; UNIMERICA at 286.
Around September 12, 2017, Takia returned the proof of death claim form in which she stated that she is Willie's daughter. Defs. 56.1 ¶ 28; UNIMERICA at 29, 90. Unimerica responded to her the same day, and reported that her claim for life insurance benefits had been approved in the amount of $3,750.00, plus interest in the amount of $4.19. Defs. 56.1 ¶ 29; UNIMERICA at 86. Unimerica sent Takia the total amount, $3,754.19, by check dated September 13, 2017, which she deposited. Defs. 56.1 ¶¶ 29-30; UNIMERICA at 285.
Soon after Unimerica had disbursed life insurance proceeds to Jeanelle and Takia, by letter dated September 18, 2017, plaintiff requested that Unimerica distribute the life insurance benefits to Willie's Estate. Defs. 56.1 ¶ 31; UNIMERICA at 91. Plaintiff attached a letter from the Suffolk County Surrogate's Court dated September 14, 2017 stating that "the court has recently filed [plaintiff's] affidavit of Voluntary Administration" and that plaintiff "now ha[d] the authority to administer [Willie's] property that is listed in the affidavit[.]" Defs. 56.1 ¶ 32; UNIMERICA at 93. Plaintiff's letter also attached receipts of payments she had made for Willie's funeral service.6 UNIMERICA at 94-96.
Around September 21, 2017, Unimerica received a letter from plaintiff dated September 20, 2017, again requesting Unimerica to distribute the insurance proceeds to her personally and to Willie's Estate. Defs. 56.1 ¶ 33; UNIMERICA at 115.
Around October 27, 2017, Unimerica received a fax from Takia stating that her brothers, Bruce and Bayquan, were currently incarcerated. Defs. 56.1 ¶ 35; UNIMERICA at 134. Takia attached Bruce and Bayquan's proof of death claim forms in which they stated that they are Willie's sons. Defs. 56.1 ¶¶ 36-37; UNIMERICA at 135, 140. Bruce and Bayquan also submitted a notarized General Power of Attorney form in which they appointed Takia to be their "attorney-in-fact" to "manage and conduct all of [their] affairs and to exercise all of [their] legal rights and powers[.]" Defs. 56.1 ¶¶ 36-37; UNIMERICA at 136-39, 141-44. Unimerica informed Bruce and Bayquan that their claims for life insurance benefits had been approved in the amounts of $3,750.00, plus interest in the amounts of $8.99 and $9.69, respectively. Defs. 56.1 ¶¶ 38, 40; UNIMERICA at 149, 155. Unimerica sent Bruce and Bayquan's checks to Takia—one in the amount of $3,758.99 for Bruce's proceeds and one in the amount of $3,759.69 for Bayquan's proceeds—both checks were deposited. Defs. 56.1 ¶¶ 38-41; UNIMERICA at 283-84.
By letter dated October 11, 2017, plaintiff requested that Unimerica explain "why [her] claim was denied or has not been expedited" and requested that Unimerica disclose their policies about the Facility of Payment Affidavit. Defs. 56.1 ¶¶ 42-43; UNIMERICA at 130-31. By letter dated November 16, 2017, Unimerica reported that plaintiff's claim for life insurance benefits under the Plan had been denied.7 Defs. 56.1 ¶ 44; UNIMERICA at 152-53. Unimerica explainedthat the Plan provides that "[t]he Covered Person's beneficiary will be the person(s) he names in writing to receive any amount of insurance payable due to his death." UNIMERICA at 152-53. However, "[i]f there is no named beneficiary living at the Covered Person's death, [Unimerica] will pay any amount due to the estate, or at [Unimerca's] option, to his: 1. legal spouse; 2. natural or legally adopted children in equal shares; or 3. estate." Defs. 56.1 ¶ 45; UNIMERICA 15, 152-53. Unimerica further explained that after plaintiff completed the Facility of Payment Affidavit stating that Willie...
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