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16-4145 - Opheim v. Standard Insurance Company


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16-4145 - Opheim v. Standard Insurance Company
January 9, 2018
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OPINION AND ORDER ON THE MERITS: On plaintiff Opheim's claim that Standard's decision not to pay the additional term life insurance benefits to him was an improper denial of benefits, I conclude that Standard's failure to do so was arbitrary, capricious, and an abuse of discretion, and Standard must now pay those benefits, in the amount of $65,000, plus interest, to Opheim, pursuant to the November 16, 2010, beneficiary designation. Plaintiff Opheim's claim of equitable fraud is denied as moot. See Order text regarding fees. Standard is entitled to no relief on its third-party claim for an equitable trust against Stevens. Standard's third-party claim for unjust enrichment against Stevens is denied as waived. See Order text regarding fees. Signed by Judge Mark W Bennett on 1/9/2018. (mml)
March 1, 2018
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(des)OPINION and Order granting 22 Motion for Attorney Fees filed by Plaintiff Douglas Opheim and granting 23 Motion for Attorney Fees filed by Third Party Defendant James L Stevens (See Order text). Signed by Judge Mark W Bennett on 3/1/2018.