$491K life insurance payout for Graswald?

Jan. 20--POUGHKEEPSIE -- The homicide case against Angelika Graswald in the death of her fiance, Vincent Viafore, is over, but the civil case regarding the life insurance payout continues.

This week, Dutchess County Surrogate's Court Judge James Pagones ordered a hearing to determine whether or not Graswald, who pleaded guilty to criminally negligent homicide, still has a right to collect nearly half a million dollars in life insurance on Viafore.

Lawyers for Viafore's sister, Laura Rice, have asked the Surrogate's Court to rule that Graswald, through her actions, forfeited any right to the life insurance proceeds or other assets from Viafore's estate.

Lawyer Richard Portale, who defended Graswald in the criminal case, also represents her in this matter.

Viafore, 46, died the evening of April 19, 2015, as the couple kayaked back across the Hudson River from Bannerman Island toward New Windsor. Graswald, originally facing a murder charge, ultimately admitted to failing to perceive the risks that caused Viafore's death. She was sentenced to the maximum term, one and a third to four years in prison, and was paroled in December to Orange County.

According to the decision Pagones issued on Tuesday, Viafore had accidental death coverage through his employer, Parsons Brinckerhoff, Inc., under three Zurich American Insurance Company policies. Viafore had named Graswald as the beneficiary of 45 percent of the death benefit, meaning she stands to inherit $491,531.

On Aug. 12, 2016, Zurich American issued payment at the court's order. The payment is being held by Dutchess County.

Pagones wrote that someone who commits intentional murder or who kills someone recklessly is deemed by legal precedent to have forfeited any right to inherit from the victim. That forfeiture is not automatic if the person is found or pleads guilty to an involuntary manslaughter charge, such as criminally negligent homicide, Pagones wrote.

In these cases, the judge wrote, the court must hold a hearing. To prevail, Rice's lawyer, Allan Rappleyea of Corbally, Gartland & Rappleyea, will be required to prove by preponderance of credible evidence that Graswald "recklessly" caused Viafore's death.

That evidentiary standard is a lower level of proof than the "beyond a reasonable doubt" standard that the Orange County District Attorney's Office faced in its prosecution of Graswald.

Pagones scheduled the hearing for Feb. 27 in Surrogate's Court in Poughkeepsie, with additional time allotted on March 1 if needed.

hyakin@th-record.com

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