Arizona Slayer Statute Case

When Phyllis Mizoch was murdered last summer, she had a $4.5 million life-insurance policy. Now her heirs are in federal court fighting over the rights to the insurance payout.

Mizoch’s widower claims he is entitled to the money, while Mizoch’s children from a prior marriage claim their stepfather was responsible for their mother’s death and should be barred from receiving the payout under Arizona’s slayer statute. The children have no direct evidence of their stepfather’s involvement, but have cited his other connections with other murder victims with large life-insurance policies.

A U.S. district judge ruled last month that a pattern of profitable deaths was not legally sufficient to prevent Mizoch’s widower from receiving the payout under the insurance policy. However, just as the judge was about to award the proceeds, a new witness took the stand with allegations that the widower admitted to taking out a multi-million dollar policy on a previous murder victim to eliminate his gambling debts.

The children’s attorney has appealed the lower court’s ruling that the widower was entitled to the payout and the finding that the children had “come forward with no facts tying [the widower] to the murder of Phyllis Mizoch.” The attorney has also asked the district judge to wait to make payment of funds to the widower and to reconsider his earlier ruling based on the new evidence presented.

See Dennis Wagner, $4.5 Million Life-Insurance Battle Following Woman’s Murder Takes a New Twist, AZ Central, Sep. 30, 2011.