United States District Court, W.D. Washington, Seattle
S. Zilly United States District Judge.
matter comes before the Court on Plaintiff Mareander
Hagedorn's (“Hagedorn”) motion for summary
judgment against Intervenor Plaintiff Dixie Brewster
(“Brewster”). Docket no. 17. Hagedorn moves
the Court to enter judgment that she is entitled to the
proceeds of a $420, 000.00 life insurance policy owned by the
decedent, Garrison Thomas (“Thomas”). Thomas died
on April 7, 2004. Fricke Decl., docket no. 47, Ex. D (death
certificate). From February 26, 2003, until the time of
death, Thomas' employee life insurance policy designated
Hagedorn as the named beneficiary of the
policy. Id., Ex. H.
claims that, as the named beneficiary, she is presently
entitled to the proceeds of the policy. Brewster, who is
Thomas' mother and the previously named beneficiary of
the policy, opposes the motion for summary judgment on the
grounds that Hagedorn is precluded from benefitting from the
policy because Hagedorn was “involved in”
Thomas' death. Intervenor Pl.'s Opp., docket no. 44,
at 1; Brewster Decl., docket no. 46, at 1. Brewster further
contends that there is an issue of fact as to whether the
beneficiary designation form relied upon by Hagedorn has been
forged or altered. Id. Having reviewed all of the
briefing and supporting declarations, the Court enters the
that Hagedorn Caused Thomas' Death
states plainly that she “in no way caused or
contributed to [Garrison Thomas'] death.” Hagedorn
Aff., docket no. 18, at 2. Hagedorn also states that
Brewster's implications that she had something to do with
Thomas' death are “false.” Id. In
her deposition, Hagedorn describes finding Thomas as follows:
I was going to the gym to train a client, and on my way
driving into town into the gym, I called [Thomas] at work to
talk to him about a car rental and where he wanted me to meet
him after work. And they told me he had not shown up for
work. So I stopped by his house on the way to the gym.
. . .
I went in and his bedroom door was closed. I opened the
bedroom door. I saw he was in bed.
. . .
It looked as if he was asleep.
. . .
He was sideways, lying on his side, as I recall. I believe he
was on his - lying ...