lawsuit regarding homicide victim annemarie rintala's insurance benefits

8/6/2019 Lawsuit Regarding Homicide Victim Annemarie Rintala's Insurance Benefits

1/5

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

THE PRUDENTIAL INSURANCE

COMPANY OF AMERICA,

Plaintiff,

v.

CARA L. RINTALA, CHARLES W.COCHRANE, WILLIAM COCHRANE andLUCY COCHRANE,

Defendants.

Civil Action No.

INTERPLEADER COMPLAINT

Plaintiff, The Prudential Insurance Company of America (Prudential), an insurance

company organized under the laws of the State of New Jersey, with its principal place of business

located therein at 751 Broad Street, Newark, New Jersey, by way of Complaint in Interpleader,

says:

I. THE PARTIES

1. Prudential is an insurance company organized and existing under the laws of theState of New Jersey with its principal place of business in Newark, New Jersey.

2. Defendant, Cara L. Rintala (Cara), is an adult individual who currently resides at42 Fox Drive, Narragansett, Rhode Island 02882. Upon information and belief, Cara is the wife of

Annamarie Rintala, deceased (the Insured), and is named in this action as a putative beneficiary.

3. Defendant, Charles W. Cochrane (Charles), is an adult individual who currentlyresides at 15 Glenalbyn Street, Springfield, Massachusetts 01104. Charles is the brother of the

Insured and is named in this action as a putative beneficiary.

Case 3:11-cv-10971-MAP Document 1 Filed 06/01/11 Page 1 of 5


2/5

4. Defendant, William Cochrane (William), is an adult individual who currentlyresides at 48 Freemont Street, Springfield, Massachusetts 01105. William is the father of the

Insured and is named in this action as a putative beneficiary.

5.

Defendant, Lucy Cochrane (Lucy), is an adult individual who currently resides at

48 Freemont Street, Springfield, Massachusetts 01105. Lucy is the mother of the Insured and is

named in this action as a putative beneficiary.

II. JURISDICTION AND VENUE

6. This Court has original jurisdiction over this matter pursuant to the Employee

Retirement Income Security Act (ERISA), 29 U.S.C. 1001, et seq., because the group life

insurance plan at issue is subject to ERISA. 29 U.S.C. 1132 (a)(3), 1132 (e)(1).

7. Venue is proper in this district pursuant to 29 U.S.C. 1132 (e)(2), because it is the

judicial district in which a defendant resides.

8. This Court also has original jurisdiction over this matter pursuant to 28 U.S.C.

1335, since there is diversity of citizenship between two or more of the defendants and the amount

in controversy is in excess of $500.

9. Venue is also proper in this district pursuant to 28 U.S.C. 1391(b) because it is the

judicial district in which a substantial part of the events giving rise to these claims occurred and

where one or more of the defendants reside.

III. FACTS SUPPORTING INTERPLEADER

10. Prudential issued a group life insurance policy to Emergency Medical Services

Corporation, under policy number G-42074 (the Group Policy). Attached hereto as Exhibit A is a

true and correct copy of the certificate.

11. At all times relevant, the life of the Insured was covered under the Group Policy for

total death benefits in the amount of $512,000 (the Death Benefit), consisting of Basic Life

Insurance Benefits in the amount of $76,000, Optional Life Insurance Benefits in the amount of



3/5

$180,000, Basic Accidental Death and Dismemberment Benefits in the amount of $76,000, and

Optional Personal Accident Insurance Benefits in the amount of $180,000.

12. On or about November 22, 2003, the Insured designated Cara as the primary

beneficiary and Charles as the contingent beneficiary of the Death Benefit payable under the Group

Policy. Attached hereto as Exhibit B is a true and correct copy of the November 22, 2003

beneficiary designation form.

13. On or about March 29, 2010, the Insured died. Attached hereto as Exhibit C is a true

and correct copy of the Death Certificate for Annamarie Rintala.

14. The Insureds death was found to be the result of strangulation and the manner of

death to be Homicide. See Exhibit C.

15. At the time of the Insureds death, the November 22, 2003 beneficiary designation

was the most recent designation in effect.

16. On or about April 14, 2010, Cara submitted a claim to the Death Benefit payable

under the Group Policy. Attached hereto as Exhibit D is a true and correct copy of the April 14,

2010 Group Life Insurance Beneficiary Claim Form.

17. Prudential was subsequently advised by the Massachusetts Northwestern District

Attorneys Office that the Insureds death is under investigation and that Cara has not been

eliminated as a suspect in connection with the death of the Insured.

18. Under federal common law, a person is not allowed to benefit from her misdeeds,

i.e., to profit from her own wrongs. See Egelhoff v. Egelhoff, 121 S. Ct. 1322, 1330 (2001) (citing

Riggs v. Palmer, 115 N.Y. 506 (1889) and noting in dictum that the principles underlying state

slayer statues are well established in the law and ha[ve] a long historical pedigree). Accordingly,

a beneficiary of a life insurance policy who wrongfully causes the death of the person upon whose

life the policy is issued is not entitled to any benefit under the policy, and the benefit becomes

payable as though such beneficiary had predeceased the decedent.



4/5

19. In the event that Cara is disqualified from receiving the Death Benefit, Charles may

make a claim to the Death Benefit as contingent beneficiary.

20. Following the Insureds death, the Insureds parents, William and Lucy, also

submitted claims to the Death Benefit. Attached hereto as Exhibit E is a true and correct copy of

the April 29, 2011 Group Life Insurance Beneficiary Claim Form submitted by William Cochrane.

Attached hereto as Exhibit F is a true and correct copy of the April 29, 2011 Group Life Insurance

Beneficiary Claim Form submitted by Lucy Cochrane.

IV. THE APPROPRIATENESS OF INTERPLEADER

21. Prudential claims no title to or interest in the benefits payable under the Group

Policy on account of the death of Annamarie Rintala and is ready and willing to pay the Death

Benefit to the person or persons entitled to it, but Prudential is unable to make that determination

without exposing itself to double or multiple liability on account of the competing claims made by

or available to Defendants.

22. Prudential has no means other than this interpleader action of protecting itself against

multiple conflicting or potentially conflicting claims and possible multiple litigation as to the Death

Benefit on the part of Defendants.

23. Prudential is a mere stakeholder in this action, having and claiming no interest in the

Death Benefit payable upon the death of the Insured. Prudential is ready, willing, and hereby offers

to deposit the Death Benefit, together with accrued claim interest, if any, into the Court, or with a

person duly authorized by the Court to receive it.

V. PRAYER FOR RELIEF

WHEREFORE, Prudential respectfully requests that this Court grant the following relief:

A. Directing Prudential to pay the Death Benefit, together with accrued claiminterest, if any, into this Court;

B. Directing the defendants to interplead their rights to the Death Benefit;



5/5

C. Restraining the defendants, and each of them, from instituting any actionagainst Prudential to recover the Death Benefit;

D. Discharging Prudential from all liability to the defendants arising out of thematters herein set forth upon payment of the Death Benefit, with accruedclaim interest, if any, into this Court;

E. Entry of an Order awarding Prudential payment of its reasonable attorneysfees and costs necessitated by the bringing of this action; and

F. Such other relief as is deemed just and proper.Respectfully submitted,Plaintiff,Prudential Insurance Company of America

Dated: June 1, 2011 /s/ Anthony R. Zelle _____________Anthony R. Zelle, Esq. (BBO #: 548141)Aliya Page, Esq. (BBO#: 675323)Zelle, McDonough & Cohen, LLP101 Federal Street, 14th FloorBoston, MA 02110Ph: 617-742-6520Fx: 617-742-1393


lawsuit regarding homicide victim annemarie rintala's insurance benefits

Documents