JOHN F. CHASE Plaintiff and Counterclaim Defendant
BRUCE G. CHASE Defendant and Counterclaim Plaintiff and JANET CHASE Counterclaim Plaintiff
Attorney for Plaintiff: Gene Libby, Esq., Tyler Smith, Esq.,
Libby O'Brien Kingsley.
Chase, Defendant and Counterclaim Plaintiff. Pro-Se.
Chase, Counterclaim Plaintiff only, Pro-Se.
ORDER ON PLAINTIFFS MOTION FOR SUMMARY
case is before the court in connection with Plaintiff John F.
Chase's Motion for Summary Judgment on All Pending
Claims. Defendant and Counterclaim Plaintiff Bruce G. Chase
and Counterclaim Plaintiff Janet Chase have filed a response,
titled Answer to Motion for Summary Judgment, but have not
filed any signed opposing affidavits or any statement in
response to Plaintiffs statement of material facts.
court elects to decide Plaintiffs Motion without oral
argument. See M.R. Civ. P. 7(b)(7). Based on the
entire record and for the reasons set forth herein, the
Plaintiffs Motion is hereby granted in part.
underlying facts can be summarized as follows:
John F. Chase and Defendant/Counterclaim Plaintiff Bruce G.
Chase are brothers. Counterclaim Plaintiff Janet Chase is
Bruce Chase's spouse.
2015, Bruce Chase was convicted of a felony theft charge for
misappropriating about $159, 000. John Chase paid restitution
of $159, 000 on behalf of his brother and also paid off about
$58, 000 of credit card debt owed by Bruce and Janet Chase.
In consideration for the payments made by John Chase on his
and his wife's behalf, Bruce Chase executed a Secured
Promissory Note dated May 1, 2015 for the principal amount of
$228, 013.30, with interest at 8% annually. The Note recites
that payment is due only upon Bruce Chase's death, and it
is secured by four life insurance policies covering Bruce
Chase as the named insured:
Primerica Insurance policy no. 0421725562
Maine Public Employees Retirement System Group Life Policy
CMFG Life Insurance Company Group Accidental Death Insurance
Policy, Credit Union No. 018-0005-0, Certificate No. G2490467
Portland Maine Police Department Federal Credit Union,
Association No. 018-0082-7, Certificate No. A4546809
Note requires Bruce Chase to "immediately execute
Beneficiary Designations which shall designate John F. Chase
as the sole and irrevocable beneficiary of the above-named
policies." The Note also requires Bruce Chase to make
timely payment of all premiums due on the policies, and
provides that, if John Chase pays any premium, the amount
paid will be added to the total principal due, with interest
Note contains a merger provision: "This Note sets forth
the entire understanding of the Borrower and Lender with
respect to the subject matter hereof and supersedes any prior
agreement, representations or understandings related to the
Chase's Complaint alleges that Bruce Chase has failed to
execute the irrevocable designations of John Chase as
beneficiary, as required by the Note. His Complaint alleges
breach of contract and seeks specific performance and
injunctive relief-a judgment requiring Bruce Chase to execute
the designations and enjoining him from making any further
changes in beneficiary on the four policies.
Chase responded to the Complaint with an answer and
counterclaim, and his wife, Janet Chase, joined the action as
a counterclaim plaintiff. Their New Amended Counterclaim
alleges that John Chase is in breach of an agreement that he
and Bruce and Janet Chase reached in 2009, with the following
• John Chase would provide Bruce and Janet Chase with
housing in Naples, Maine, at no cost, for as long as ...