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Granted Appeal Summary

Case

CHERYL H. WOOD, ET AL. v. TRACEY L. MARTIN (Record Number 190738)

From

The Circuit Court of Fairfax County; R. Gardiner, Judge.

Counsel

Yama A. Shansab (Ferguson Walton & Shansab, PLLC) for appellants.

Thomas W. Repczynski and Alyssa Davies (Offit Kurman, P.C.) for appellee.

Assignments of Error

1. The trial court committed substantial and reversible error by ruling that Wood\\u2019s change of beneficiary designation was \\u201cnull and void\\u201d by reason of Martin\\u2019s Amended PSA and divorce decree, thus granting Martin\\u2019s declaratory judgment in contravention of Code \\xa7 38.2-3122, which bars \\u201cother legal process\\u201d from reaching the Proceeds, a protected insurance item, \\u201cin any case whatsoever.\\u201d

2. The trial court committed substantial and reversible error by ruling sua sponte, \\u201cas a matter of law,\\u201d that Code \\xa7 38.2-3122 did not apply to Martin because Martin was not a \\u201ccreditor\\u201d within the meaning of Code \\xa7 6.2-500, part of Virginia\\u2019s Equal Credit Opportunity Act, so as to prevent Code \\xa7 38.2-3122 from barring Martin\\u2019s declaratory judgment.

3. The trial court committed substantial and reversible error in implicitly rewriting and expanding the terms of the Amended PSA\\u2019s exclusive remedy, which only gave Martin a contract claim against Wood\\u2019s estate for noncompliance with its insurance provisions, not a right to reach the protected insurance item, namely, the Proceeds

http://www.courts.state.va.us/courts/scv/appeals/190738.pdf

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