Accordia Life And Annuity Company v. Nguyen
5:17-cv-05144
| N.D. Cal. | Jul 10, 2020Background
- Life insurer Accordia (successor to Aviva) issued a $200,000 policy on Thanh Van Pham; beneficiary designation (11/17/2015) named Be Thi Nguyen 60%, J.P. 20%, H.P. 20%.
- Pham had married Vo Thi Be Nam in Vietnam (2008) and had two children there, V.M.T. and V.T.A.T.; Pham died on February 27, 2017.
- Accordia interpleaded insurance proceeds ($207,712.80 deposited) to resolve competing claims and was discharged from liability.
- Nguyen parties asserted entitlement under the beneficiary designation and payment of premiums; Nam and her children claimed spouse/putative-spouse, community/quasi-community property, and intestate succession rights.
- Parties mediated and executed a settlement: proposed distributions—$11,250 to Nam (for V.M.T. & V.T.A.T.), $40,000 to J.P., $40,000 to H.P., remainder to Nguyen; assignment of any U.S. or Vietnam assets of Pham to Nam; dismissal of crossclaims; pro bono counsel not seeking fees.
- Court considered appointment of Nam as guardian ad litem, fairness of minors’ compromises (including direct bank transfer to Nam given practical difficulties in Vietnam), and ordered distributions and dismissal with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appointment of guardian ad litem for V.M.T. and V.T.A.T. | Nam: as mother, shares same interests as children and will protect them; seeks appointment to complete settlement. | Nguyen: did not oppose appointment for settlement purposes. | Court appointed Nam as guardian ad litem (no inherent conflict; parent represents child’s aligned interests). |
| Approval of minors’ compromise (fairness/reasonableness) | Nam: $11,250 for her two children is fair given their impoverished circumstances, need for prompt funds, and assignment of other assets; direct transfer necessary. | Nguyen: agreed to settlement terms for J.P. and H.P. (each $40,000) and to assign other asset rights to Nam; no objection to minors’ compromise. | Court approved settlement as fair and reasonable to each minor (considered net recovery and practicalities). |
| Distribution of interpleaded funds | Parties jointly proposed specific disbursements and assignments of other asset claims to Nam. | No opposition presented to the proposed distributions. | Court directed clerk to distribute funds: $11,250 to Nam (bank transfer); $40,000 each to J.P. and H.P. payable to Nguyen as custodian under CUTMA; remainder to Nguyen; allowed W-8BEN in lieu of W-9. |
| Dismissal of crossclaims | Parties stipulated to dismiss crossclaims with prejudice as part of settlement. | Same. | Court dismissed the crossclaims at ECF 86 and ECF 104 with prejudice. |
Key Cases Cited
- Robidoux v. Rosengren, 638 F.3d 1177 (9th Cir. 2011) (district court must independently determine whether a proposed minor's settlement is fair and in the minor’s best interests)
- Dacanay v. Mendoza, 573 F.2d 1075 (9th Cir. 1978) (established the requirement that courts inquire into fairness of settlements for minors)
