Al Fox III sued insurance agent Charles Mercier, a certain Patrick Gorman, and a John Doe in a Tarrant County court on November 17, on accusations that the trio conspired to cheat him from the $1 million he was entitled to as a beneficiary of his mother’s insurance policy.
Fox also sued Athene Annuity and Life Co. (formerly known as Aviva Life and Annuity Co.) and Accordia Life and Annuity Co. on grounds of negligence and providing an incentive to harm an insured client.
In the complaint, Fox said that his mother Anita named him as the primary beneficiary of a life insurance policy purchased from Aviva Life in 2008. Fox added that unknown to Anita, Mercier – an Aviva Life agent at the time – transferred the policy to Accordia Life.
The complaint noted that ownership of the policy, now with a newly minted serial number, was moved to a Mark Buckland and to Patrick Gorman, who submitted a John Doe as the new beneficiary. Fox claimed that his mother was stabbed to death by Gorman’s brother Gerard Gorman shortly after the policy transfer.
“Patrick Gorman and beneficiary defendant John Doe willfully caused the death of Anita Fox in order to collect $1,000,000.00 in life insurance benefits. Thus, defendants Gorman and Doe all individually and separately caused the death of Anita Fox,” the complaint noted, as quoted by Courthouse News Service.
“Defendant Athene knew or should have known that the insured, Anita Fox was not aware of the policy's transfer. ... Defendant Accordia did not exercise reasonable diligence to ascertain whether defendants Gorman and Doe had an insurable interest in the life of Anita Fox,” the complaint stated.
Athene Annuity said in a statement that it’s cooperating with authorities in the investigation of the death of Anita Fox, although it cannot remark on the younger Fox’s complaint. Accordia Life refused to comment on the case.
