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United States District Court

Southern District of Ohio

Eastern Division

JOYCE MUSIC, et al.,

Plaintiffs

v. 2-18-cv-492

JUDGE SMITH

MAGISTRATE JUDGE VASCURA

TRACI CLEMENS, ADMINISTRATOR, et al.,

Defendants.

Traci Clemens, ADMINISTRATOR

Estate of James Music

c/o Kacie Waugh Attorney 

3083 Columbus St

Grove City, Ohio 43123

Hartford Life and Accident Insurance Company

One Hartford Plaza

Hartford CT 06155

Defendant Cynthia Noble’s Third-Party Complaint

1. James Music, Suni Music, husband and wife, and Mylee Music, their 

daughter, residents of Franklin County, Ohio, were on interstate 270, in Franklin 

County, Ohio, on December 24, 2016. An intoxicated driver came across the 

median strip causing a violent collision between the vehicles. Time of crash was 

15:40.

2. James Music was pronounced dead at the hospital on December 24, 

2016 at 16:21. 

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3. Suni Music was pronounced dead at the hospital December 24, 2016 

at 17:05. The autopsy shows catheters, chest tubes, EKG pads; all showing 

treatment received at the hospital. 

4. Mylee Music lived for approximately 12 hours and was pronounced 

dead at the hospital December 25, 2016 at 03:02, after efforts to save her.

5. James Music, other than his wife and daughter, had two surviving 

parents, Joyce Music and Ernest (Bud) Music, and a brother Dallas Music. He had 

no will; his net estate will be payable to Joyce Music and Ernest (Bud) Music in 

equal shares. An estate was opened in Franklin Count Probate Court Case number 

582640. All heirs waived the first right to Administer and consented to Traci 

Clemens as Administrator of his estate. 

6. Suni Music, other than her daughter, had two surviving parents, 

Cynthia Noble and James Olson, a brother Chris Olson, and a sister Traci Clemens. 

She had no will; her net estate will be payable to Cynthia Noble and James Olson 

in equal shares. (James Olson is now deceased; his widow Ellen Olson will 

receive his share). An estate was opened in Franklin County Probate Court Case 

number 582638. All heirs waived the first right to Administer and consented to 

Traci Clemens as Administrator of her estate.

7. At the time of their deaths, there was a Life Insurance policy through

Defendant Hartford Life and Accident Insurance Company (hereafter Hartford), 

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insuring all three decedents. The Hartford Life Insurance sent two contracts, for the 

same policy number, with the same contract language, only different page 

numbers. This policy is controlled by ERISA as an employee benefit plan for 

Kokosing Construction Co employees, and is subject to this federal law. (Hartford 

contract, Page 48, policy 1; page 38, policy 2).

8. The policy insured the life of James Music, and had a death 

beneficiary to his wife, Suni Music first beneficiary; and his daughter, Mylee 

Music alternate beneficiary. The Estate of Suni Music filed a claim, as beneficiary 

of the policy for the life of James Music, with the knowledge of the estate of James 

Music. The Estate of James Music filed a claim as beneficiary of the policy for the 

life of Suni Music and for the life of Mylee Music. The Estate of James Music did 

not file a competing claim as beneficiary of the policy for the life of James Music. 

Hartford received verifying documents and paid $251,229.00 as benefits to the 

Suni Music estate, and $63,808.84 as benefits to the James Music estate. 

9. Hartford under its insurance contract, and as required by ERISA 

determined that that wife “survived” the decedent. Under its interpretation of its 

policy, 100% of the proceeds of the policy for the life of James Music were 

payable to the decedent wife’s estate. (Hartford contract, Page 22, policy 1; page 

31, policy 2). 

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10. The contract states Hartford has full discretion and authority to 

determine eligibility, and construe and interpret all terms and provisions of the 

policy. (Hartford contract, Page 23, policy 1; page 32, policy 2). 

11. Joyce Music and Ernest (Bud) Music filed Exceptions to Partial 

Account in the Suni Music estate on March 21, 2018. 

12. Cynthia Noble, a beneficiary of the Suni Noble estate, was not named 

as a party or served with a Summons in the Exceptions to Partial Account. She was 

sent a copy of the Exceptions to Partial Account by the attorney for Joyce Music 

and Ernest (Bud) Music. 

13. The Exceptions to Partial Account were not filed by the Defendant 

Administrator for the Estate of James Music, Traci Clemens. 

14. The Exceptions to Partial Account alleged the Estate of James Music 

was the proper beneficiary of the policy for the life of James Music, objecting to 

the death benefit of $251,229.00 paid to the Estate of Suni Music, arguing ORC 

2105.32 applied to this contract.

15. Defendant Cynthia Noble entered an appearance in the Estate of Suni 

Music on May 3, 2018, claiming status as a real party in interest, and opposing the 

Exceptions to Partial Account filed on March 21, 2018.

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16. The hearing scheduled for May 14, 2018, was converted to a status 

conference, and dates for discovery, stipulations, and motions, were scheduled by 

the Court Magistrate. 

17. Third Party Plaintiff Cynthia Noble states the Estate of Suni Noble 

has been finally determined, and paid, as the beneficiary of the Hartford policy, 

and any claims by the Defendant Estate of James Music, or its beneficiaries of 

breach of contract by Hartford, must be against Defendant Hartford, and paid by 

Defendant Hartford to Defendant Estate of James Music.

18. Third party Plaintiff Cynthia Noble states pursuant to Rule 14, and 

Rule 19, of the Federal Rules of Civil Procedure, third party defendants are 

properly joined as real parties in interest. Defendant Hartford is liable for any 

damages caused by breach of its insurance contract. Defendant Estate of James 

Music is the real party in interest owed these alleged damages, not Plaintiffs Joyce 

Music and Ernest (Bud) Music. In these parties’ absence, the court cannot provide 

complete relief among existing parties.

_/s/Charles Bendig (00199340__ 

Charles H. Bendig, Esq. (#0019934) 

Attorney for Cynthia Noble

Defendant and Third-Party Plaintiff

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Certificate of service

The undersigned hereby certifies that on May 25, 2018, the above was 

served upon ALL PARTIES IN THESE PROCEEDINGS.

Adriann S. McGee (0085731)

amcgee@reminger.com

Attorney for Plaintiffs’ Joyce Music and Ernest (Bud) Music.

Kacie Waugh (0090589)

kw@waughlawllc.com

Attorney for Defendant administrator

Estate of James Music and

Estate of Suni Music.

_/s/Charles Bendig (00199340__ 

Charles H. Bendig, Esq. (#0019934) 

Attorney for Cynthia Noble 

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