United States District Court, D. Massachusetts
NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE, Plaintiff,
KAREN M. GOGLIA, LYNN A. LEONARD AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RONALD A. GOGLIA, STACIE A. GOGLIA CONSTAS, AND THE UNKNOWN TRUSTEE OF THE SAG INSURANCE TRUST, Defendants.
G. Janes, Esq., Chittenden, Murday & Novotny, LLC, J.
Christopher Collins, Esq., Patrick M. Winn, Esq., Mirick,
O'Connell, DeMallie & Lougee, LLP Attorneys for North
American Company for Life and Health Insurance Revised
Proposed Order Assented to by:
A. Leonard, Esq., Attorney for Defendant Karen M. Goglia and
Personal Representative of the Estate of Ronald A. Goglia
cause coming before the Court on Plaintiff, North American
Company for Life and Health Insurance's
("NACOLAH") Motion for Judgment on its Complaint
for Interpleader Against Defendants Karen M. Goglia and Lynn
A. Leonard as Personal Representative of the Estate of Ronald
A. Goglia and for Default Judgment Against Defendants Stacie
A. Goglia Constas and the Unknown Trustee of the SAG
Insurance Trust, and on the Motion of Defendant Karen M.
Goglia for Default Judgment, the Court hereby finds that:
1. On March 14, 2019, NACOLAH filed its Complaint for
Interpleader pursuant Federal Interpleader Act, 28 U.S.C.
§§ 1335, 1397, 2361, and under Rule 22 of the
Federal Rules of Civil Procedure, Fed.R.Civ.P. 22, to resolve
competing claims to 20% of the death benefit proceeds payable
under life insurance Policy Nos. LE00003720 and LO11973990
(collectively, "the Policies") issued by NACOLAH.
(Compl. ¶¶ 10-11). This Court has jurisdiction over
the subject matter of this cause and over the parties.
2. Pursuant to the application for each of the Policies, the
Primary Beneficiaries are as follows: 80% to Karen M. Goglia,
wife, and 20% to "SAG Insurance Trust." (Compl.
3. On August 30, 2017 NACOLAH paid Karen M. Goglia 80% of the
death benefit as a Primary Beneficiary under the Policies by
mailing her two checks totaling $401, 650.44 (representing
$400, 000.00 of the face value of the Policies plus accrued
interest of $1, 650.44). (Compl. ¶ 15).
4. Despite its good faith efforts, NACOLAH was unable to
locate a copy of the SAG Insurance Trust or identify the name
and whereabouts of the trustee of the SAG Insurance Trust, if
it exists. (Compl. ¶ 32). The remaining amount of the
death benefit proceeds in the amount of $104, 731.55,
representing insurance proceeds in the amount of $100, 000.00
plus accrued interest (the "Proceeds"), were
therefore deposited by NACOLAH with the Registry of the
Court. (Doc. Nos. 13, 14, 25).
5. Defendants Karen M. Goglia, Lynn A. Leonard as Personal
Representative of the Estate of Ronald A. Goglia, Stacie A.
Goglia Constas, and the Unknown Trustee of the SAG Insurance
Trust are potentially adverse claimants to the Proceeds of
6. Defendants Karen and the Estate have filed an Answer to
NACOLAH's Complaint. (Doc. No. 23).
7. Defendant Stacie A. Goglia Constas is in default, having
failed to appear or respond to the Complaint after waiving
service of summons on March 31, 2019. (Docs. No. 15, 28).
8. Defendant Unknown Trustee of the SAG Insurance Trust is in
default, having failed to appear or respond to the Complaint
after being served, pursuant to leave of this Court, with due
notice through publication in the Boston Herald during the
period of May 8, 2019 through June 12, 2019. (Docs. No. 22,
9. NACOLAH filed its Complaint for Interpleader in good faith
and has done all that is required by law to perfect its
10. NACOLAH is entitled to be discharged from this litigation
in accordance with the terms as provided in this order.
Equitable Life Assur. Soc. of the U.S. v.
Porter-Englehart, 867 F.2d 79, 84, 91 (1st Cir. 1989);
28 U.S.C. § 1335; Fed.R.Civ.P. 22.
11. By agreement of all parties who have appeared before the
Court, NACOLAH is entitled to recover $8, 500.00 in attorney
fees and costs incurred in ...