Opinion
No. 2022-C-01820.
03-14-2023
Virginia Ann Gerace BENOIST v. JACKSON NATIONAL LIFE INSURANCE COMPANY, Norma Ford Gerace, and Mary Kathryn Gerace Carelton.
Applying For Writ Of Certiorari, Parish of East Baton Rouge, 19th Judicial District Court Number(s) 710,447, Court of Appeal, First Circuit, Number(s) 2022 CA 0292.
Writ application denied.
Hughes, J., would grant and docket and assigns reasons.
Hughes, J., would grant and docket.
Respectfully, I would grant this writ to allow a closer examination of the record. The mandatory has a fiduciary duty to the principal and ultimately to the principal's estate. See La. Civil Code articles 3001, 3004, and 3005. Self-dealing is not permissible.
It is clear that the main point of contention is the Jackson National Life Insurance Company annuity. Curiously, it is not mentioned by the court of appeal. It is alleged that applicant was not allowed to question the principal on this point.
What happened to the proceeds from the Jackson Life annuity?