In addition to challenging Lincoln’s handling of the claim, Chun Lim Abbott’s lawsuit also accuses the family partnership, its manager, and Buchanan Ingersoll attorney E. David Margolis of interfering with her claim. Lincoln had already disbursed $3 million, representing the undisputed 40% share, to the partnership.
Lincoln Life $4.5M Benefit Trial: Arguments on Both Sides
Peter St. Tienne Wolff, representing Chun Lim Abbott, contended that Lincoln should be held accountable for honoring the beneficiary designation that was properly filed. “Mrs. Abbott isn’t asking Lincoln to pick sides; she’s asking it to follow its procedures as per the documents on file,” Wolff stated.
Conversely, Carl Misitano of Buchanan Ingersoll & Rooney, representing the family partnership, argued that Lincoln’s failure to investigate the beneficiary change form was a liability issue. He asserted that placing the funds into escrow did not absolve Lincoln of its responsibility to promptly provide the benefits due to the partnership.
Judge’s Decision Pending
Joyce maintained that regardless of how Lincoln distributed the proceeds, the insurer would have faced claims of bad faith and breach of contract from whichever party was dissatisfied. Judge Hertzberg has taken the arguments under advisement and has yet to render a decision.
