Kyle Barnett Jun. 17, 2015, 3:14pm


GRETNA – A widower is suing an insurance agency that he claims allowed his late wife to take loans out against her life insurance policy before her death.

Byron G. Montz filed suit against State Farm Life Insurance Company and Barbara L. Schexnayder Insurance Agency Inc. in the 24th Judicial District Court on May 4.

Montz asserts on Aug. 11, 1989 he purchased two life insurance policies in the amounts of $100,000 and $150,000 that covered his wife, Frances H. Montz. However, the plaintiff claims that upon his wife’s death on May 4, 2014 he found that several unauthorized loan payments totaling $113,647.77 had been made against the life insurance policies on behalf of his wife–some of which purportedly bear a forged signature. However, Montz alleges that since he is the owner of the life insurance policies he should have been contacted by the defendant before the transactions were undertaken.

The defendant is accused of breach of contract, breach of fiduciary obligation and negligence.

Damages in the amount of $113,647.73 is sought by the plaintiff.

Montz is represented by attorney Alan R. Sacks of New York, New York.

The case has been assigned to Division C Judge June Berry Darensburg.

Case no. 749-365.

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