Castro v. Ballesteros-Suarez

213 P.3d 197 (2009)

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Castro v. Ballesteros-Suarez

Arizona Court of Appeals
213 P.3d 197 (2009)

Facts

Adolfo F. Suarez bought two life-insurance policies, initially naming his mother as beneficiary of both policies. Suarez later changed both policies to name his wife, Luz Ballesteros-Suarez (defendant) as beneficiary. Suarez was subsequently shot to death. Police suspected Ballesteros-Suarez of murdering Suarez but did not have probable cause to arrest her. The insurance companies filed impleader actions, requesting that the court determine whether they should distribute Suarez’s death benefit to his widow or to his mother. Suarez’s sister, Antonia Suarez Castro (plaintiff) sued Ballesteros-Suarez on behalf of Suarez’s mother, who had predeceased him. Castro asked the court to find that Ballesteros-Suarez was responsible for Suarez’s death. At trial, Castro testified that Ballesteros-Suarez had offered to pay her if she would help Ballesteros-Suarez collect the death benefits. A police officer testified concerning the significant circumstantial evidence implicating Ballesteros-Suarez in her husband’s murder. Ballesteros-Suarez exercised her Fifth Amendment privilege against self-incrimination. The trial court inferred from Ballesteros-Suarez’s silence, along with the unrebutted testimony against her, that she had killed her husband. Pursuant to the slayer statute, the court held that Ballesteros-Suarez was not entitled to collect Suarez’s death benefits. Ballesteros-Suarez appealed.

Rule of Law

Issue

Holding and Reasoning (Portley, J.)

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