Metropolitan Life Ins. Co. v. Reist

• Decision Date: 19 April 1988
• Docket Number: Docket No. 93320
• Citation: 421 N.W.2d 592,167 Mich.App. 112
• Parties: METROPOLITAN LIFE INSURANCE COMPANY, a foreign corporation, Plaintiff, v. Linda REIST, Defendant/Cross-Defendant-Appellee, and First of America Bank of Lansing, Personal Representative of the Estate of Eric L. Reist, Deceased, and Judith Operlander, Defendants, and Shawn Reist and Renee Reist, Defendants/Cross-Plaintiffs-Appellants, and Ericka Meyers, Defendant/Cross-Plaintiff, and Erin Reist, Defendant/Cross-Defendant. 167 Mich.App. 112, 421 N.W.2d 592
• Court: Court of Appeal of Michigan — District of US

Page 592

421 N.W.2d 592

METROPOLITAN LIFE INSURANCE COMPANY, a foreign corporation Plaintiff, v. Linda REIST, Defendant/Cross-Defendant-Appellee and First of America Bank of Lansing, Personal Representative of the Estate of Eric L. Reist, Deceased, and Judith Operlander, Defendants and Shawn Reist and Renee Reist Defendants/Cross-Plaintiffs-Appellants, and Ericka Meyers, Defendant/Cross-Plaintiff, and Erin Reist, Defendant/Cross-Defendant.

Docket No. 93320.

167 Mich.App. 112, 421 N.W.2d 592

Court of Appeals of Michigan.

Submitted Oct. 14, 1987.

Decided March 8, 1988.

Released for Publication April 19, 1988.

[167 MICHAPP 113] Church, Kritselis, Wyble & Robinson, P.C. by F. Merrill Wyble and Brian W. Bevez, Lansing, for Linda K. Reist.

Allen, Friedman & O'Toole by Raymond L. Feul, Troy, and Gromek, Bendure & Thomas by Daniel J. Wright and Neal C. Villhauer, of counsel, Detroit, for Shawn and Renee Reist.

Before BEASLEY, P.J., and MacKENZIE and HATHAWAY, ^* JJ.

PER CURIAM.

Defendants/cross-plaintiffs Shawn and Renee Reist, daughters of decedent from a prior marriage, appeal as of right from a grant of summary disposition entered in favor of defendant/cross-defendant[167 MICHAPP 114] inda Reist, wife of decedent, on May 27, 1986, by Ingham Circuit Judge Robert Holmes Bell.

The trial judge ruled that, under MCR 2.116(C)(10), Shawn and Renee had failed to demonstrate any facts of an intentional killing by Linda Reist, which would have entitled them to life insurance proceeds from the death of Eric Reist pursuant to M.C.L. Sec. 700.251(3); M.S.A. Sec. 27.5251(3). We reverse.

This matter arises out of a dispute over the entitlement to various life insurance proceeds totaling $438,550. Linda Reist, wife of the deceased, was the designated beneficiary on three policies.

In early December, 1984, decedent suspected that his wife was having an affair with Tim Reid, the seventeen-year-old son of neighbors Jayanne and Pat Reid. Decedent installed a recording device on his home telephone to record incoming and outgoing telephone conversations. The recording device was installed without the knowledge or consent of Tim Reid or Linda Reist. Later, decedent's suspicions were confirmed by listening to tapes of recorded conversations between his wife and Tim Reid. Tim Reid subsequently admitted to Sarasota, Florida, police detectives that he engaged in sexual relations with Linda Reist.

Between approximately December 8, 1984, and December 11, 1984, decedent appeared extremely distraught and troubled to three of his business associates. Decedent stated that he "feared for his life." Eric Reist had listened to tape recordings of telephone conversations between his wife and Tim Reid where, according to decedent, the two had discussed "getting rid of him (Eric Reist)" over the Christmas holidays.

In mid-December, 1984, decedent approached [167 MICHAPP 115] Pat and Jayanne Reid concerning taped evidence of their son's involvement with his wife. Later, Pat Reid approached Linda Reist and advised her that the affair could affect her financially and socially. Jayanne Reid acknowledged that she listened to tapes, but denied having heard any purported homicide plot, although she told police that decedent told her that he was afraid his wife was planning to kill him.

On December 26, 1984, the decedent and his wife boarded a plane to vacation in Sarasota, Florida. That day, they checked into room 805 in the Sarasota Hyatt Hotel. At approximately 11:10 p.m., guests on the eighth floor overheard a loud argument between a man and a woman coming from room 805. The argument concerned the woman having called another man the prior Tuesday. Within minutes after the argument, the front desk received phone calls from rooms 905, 705 and 605 that a man (decedent) had fallen from the eighth floor balcony. Almost ten minutes after the initial report, Linda Reist reported the incident to the hotel. The Sarasota police were summoned, the body and scene were photographed, and a statement was taken from Linda Reist.

The following morning, December 27, 1984, an autopsy was performed on decedent Eric Reist's body. The cause of death was listed as multiple internal injuries and fractures due to a fall. The manner of death was listed as "undetermined." The autopsy report revealed a large abrasion posterior to decedent's left thigh.

Also that morning, Linda Reist left Sarasota for Michigan, leaving decedent's body in the care of his two daughters. Later that day, the Sarasota Police Department received calls from the decedent's co-workers and relatives advising that they suspected decedent was the victim of a homicide. [167 MICHAPP 116] The Sarasota police began investigating decedent's death as a possible homicide.

Lansing police secured decedent's business office at General Motors Corporation and seized several tapes of recorded telephone conversations, cash and other property. Linda Reist attempted to gain access to the office on the morning of December 28, 1984, but was denied entry. Lansing police later obtained a search warrant for the marital home, but found no other tapes. However, a safe in the garage was found to have already been opened by a locksmith hired by Linda Reist.

The investigation conducted by the Lansing Police Department determined that the tapes did not contain incriminating statements and that no homicide conspiracy existed. On January 6, 1985, the case was closed. However, the investigation revealed that Linda Reist repeatedly told Tim Reid that she wished her husband would die.

On October 30, the Sarasota Police Department completed its investigation and submitted its results to the Florida State Attorney's office. The State Attorney's office determined that there was insufficient evidence to pursue a criminal prosecution or to suggest the identity of the responsible party.

On September 25, 1985, plaintiff, Metropolitan Life Insurance Company, filed a complaint for interpleader in the Ingham Circuit Court. Plaintiff alleged that there existed a controversy between competing claimants as to proceeds of certain policies and that plaintiff was unable to ascertain which party was entitled to these funds. Named as defendants were Linda Reist; Linda's minor daughter by decedent, Erin Reist; the decedent's three daughters by his previous marriage, Ericka Meyers, Shawn Reist, and J. Renee Reist; decedent's former spouse, Judith Operlander; and the personal[167 MICHAPP 117] representative of the estate, First of America Bank of Lansing. Answers to the complaint were filed. Additionally, a cross-claim was filed by defendants/cross-plaintiffs against Linda Reist which alleged that, based upon information and belief, Linda Reist feloniously and intentionally killed the decedent and, thus, pursuant to MCL 700.251; MSA 27.5251 any interest Linda Reist may have in the insurance proceeds has been severed.

On February 4, 1986, Linda Reist filed a motion for summary disposition as to the cross-claim pursuant to MCR 2.116(C)(8) and (10). Linda Reist alleged that defendants/cross-plaintiffs had failed to state a claim upon which relief could be granted and that there existed no genuine issue of material fact, and therefore she was entitled to judgment as a matter of law.

On May 6, 1986, oral argument was presented to Ingham Circuit Judge Robert Holmes Bell. Judge Bell granted Linda Reist's motion for summary disposition under MCR 2.116(C)(10), finding that there was no genuine issue of fact upon which a jury could conclude that decedent's death was not accidental.

On June 17, 1986, Shawn and Renee Reist filed the present claim of appeal alleging that the trial court committed error in granting summary disposition in favor of Linda Reist.

The ultimate fact at issue was whether decedent's death resulted from an intentional killing. At the hearing on the motion for summary disposition, the respective parties supported their arguments with affidavits. It follows that the ultimate issue of material fact turns upon the credibility of the affiants and, particularly, the credibility of Linda Reist herself. In addition, documentary evidence demonstrated decedent's fear for his safety and Linda Reist's motive, opportunity, and lack of [167 MICHAPP 118] credibility. We believe this was sufficient to show a genuine issue of material fact.

The threshold requirements of a claim premised on the relevant probate code section are that (1) the policyholder was killed, (2) the beneficiary committed the killing, and (3) the killing was felonious and intentional.

A motion for summary disposition brought under MCR 2.116(C)(10), based on the lack of a genuine issue of material fact, tests whether there is factual support for the claim. In ruling on the motion, the trial court must consider the affidavits, pleadings, depositions, admissions and other documentary evidence submitted by the parties. MCR 2.116(G)(5). The opposing par...