UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Andrea Masse, Individually and as )

Guardian and Next Friend of ) 

Taylor Lee Delaney, a minor )

 ) 

 )

Plaintiffs, )

 ) 

v. ) 

 ) 

Fidelity Security Life ) Civil Action No. 

Insurance Company , ) C-04-467-JM

 )

Defendants )

 )

 )

 )

ASSENTED TO MOTION FOR APPROVAL OF SETTLEMENT

ON BEHALF OF TAYLOR LEE DELANEY

NOW COMES the plaintiff, by and through her attorneys,

Thomas Craig, P.A., and, pursuant to Local Rule 17(1),

respectfully requests the approval of the settlement on behalf of

Taylor Lee Delaney, a minor, and in further support thereof say

as follows:

1. Statement of Facts.

On or about February 4, 2002, Brandan J. Delaney of

Manchester, New Hampshire, died as a result of heart failure. 

The defendant, Fidelity Security Life Insurance Company issued a

contract of group term life insurance to Kimark Specialty Box

Co., Inc., insuring the life of its employee, Brandan J. Delaney

which was in effect on the date of Mr. Delaney’s death. The

minor Plaintiff, Taylor Lee Delaney was named as the beneficiary

of said life insurance policy. The defendant had neglected or

failed to provide the death benefits in the amount of $15,000.00

Case 1:04-cv-00467-JM Document 7 Filed 02/23/05 Page 1 of 4
to Mr. Delaney’s beneficiary pursuant to the terms of the life

insurance policy. Taylor Lee Delaney is 6 years and 10 months

old. A photocopy of the minor plaintiff’s birth certificate is

attached hereunder as Exhibit “A”

2. Settlement.

Because of the age of the minor and the importance of

ensuring that funds are available to her in the future for her

education, and for her well-being, plaintiff, Andrea Masse, as

guardian and next friend of the minor plaintiff, Taylor Lee

Delaney, wishes the court to approve the following settlement: 

Pursuant to this settlement, the minor plaintiff, Taylor Lee

Delaney, will receive $12,044.50. The settlement proceeds shall

be deposited in an interest bearing savings account with a

federally insured financial institution, in the name "Andrea

Masse, as Trustee of Taylor Lee Dalenay," and subject to this

Court's order that the funds shall not be withdrawn until the

minor plaintiff, Taylor Lee Delaney's 18th birthday without prior

approval of this Court. The proceeds on deposit at the time

Taylor Lee Delaney, reaches the age of 18 years will be paid to

her.

The "net amount" of the settlement, as defined in NHRSA 464-

A:2(XIV-a), is greater than $10,000.00. A Guardianship over

Taylor Lee Delany has already been established. (See

Certification of Appointment, attached hereunder as Exhibit “B”).

Case 1:04-cv-00467-JM Document 7 Filed 02/23/05 Page 2 of 4
3. Negotiation of Settlement

This settlement was reached on behalf of the parties by

James E. Fiest, Esquire, representing the plaintiffs and Adam

Nee, Esquire, representing the defendant. Plaintiff’s counsel

claims $2,500.00 in attorneys fees (an itemized statement of

counsel pursuant to New Hampshire Superior Court Rule 111(E)(2)

is attached hereunder as Exhibit “C”) and $455.50 as costs (an

itemization of costs attached hereunder as Exhibit "D").

4. Adam Nee, Esquire, opposing counsel assents to this motion.

WHEREFORE, plaintiffs respectfully pray that this Honorable

Court issue an order approving the settlement, and for such other

and further relief as may be just and necessary.

Respectfully submitted,

Andrea Masse, individually and

as Guardian and next friend of

Taylor Lee Delaney,

By their attorneys,

Thomas Craig, PA

Dated: February 23, 2005 By: ___/s/______________________

James E. Fiest, Esquire

99 Stark St.

Manchester, N.H. 03101

(603) 622 1900 

Dated: February 23, 2005 /s/ 

Andrea Masse, g/n/f Taylor Lee

Delaney

Case 1:04-cv-00467-JM Document 7 Filed 02/23/05 Page 3 of 4
CERTIFICATE OF SERVICE

I hereby certify that a copy of the within pleading was sent

on February 19, 2005 electronically to Adam Nee, Esquire,

opposing counsel, and by prepaid, first-class mail to Andrea

Masse and Robert Rivard, Registrar, Hillsborough Probate Court.

Dated: February 23, 2005 /s/ 

James E. Fiest, Esquire

Case 1:04-cv-00467-JM Document 7 Filed 02/23/05 Page 4 of 4