COMPLAINT IN INTERPLEADER ON LIFE INSURANCE POLICY
"Redacted" IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION ) ) ) Plaintiff, ) ) CIVIL ACTION v. ) ) FILE NO. ), a minor,, a minor, and ), a minor ) ) Defendants. ) ) COMPLAINT FOR INTERPLEADER CERTIFICATE OF INTERESTED PARTIES Because this action is an interpleader action, Plaintiff's position is that it does not have a financial interest in the outcome of the litigation, but rather is paying into the Registry of the Court all sums due and owing under the subject life insurance policies. Notwithstanding this position, Plaintiff certifies as follows: is a fraternal benefit society organized and existing under the laws of the State of. owns all the common stock of Inc., a downstream holding 277383 v1
company.,, Inc., and, Inc. are wholly-owned subsidiaries of, Inc. COMPLAINT COMES NOW Plaintiff ( Plaintiff ), and hereby files this Petition for Interpleader against Defendants, a minor,, a minor, and, a minor by showing the Court the following: 1. This action is brought pursuant to the provisions of Federal Rule of Procedure, 22 and 28 U.S.C. 1332, 1335 and 2361. 2. Jurisdiction is proper in this matter because there is complete diversity between all parties and the amount in controversy exceeds $75,000.00. 3. Plaintiff,, is a fraternal benefit society organized and existing under the laws of the State of and is a citizen of the State of. Its principal place of business is,. 4. Defendant, is over 21 years of age and is a citizen of the State of Georgia and resides in Georgia. - 2 -
5. Defendant is under 21 years of age and is a citizen of the State of Georgia and resides in, Georgia. 6. Defendant is under 21 years of age and is a citizen of the State of Georgia and resides in Georgia. 7. Defendant is under 21 years of age and is a citizen of the State of Georgia and resides in, Georgia. 8. Effective July 28, 1999, Plaintiff issued a policy of life insurance, Policy Number (a flexible premium adjustable universal life insurance contract), attached hereto as Exhibit A, whereby it insured the life of (the "Insured") in the amount of $150,000 for death as defined in and subject to the terms and conditions of the Policy. The Policy was in force and effect on August 25, 2008, on which date the beneficiary of the Policy was Defendant. Effective January 25, 2005, Plaintiff issued a policy of life insurance, Policy Number (a flexible premium variable life insurance contract), attached hereto as Exhibit B, whereby it insured the Insured in the initial face amount of $100,000.00 for death as defined in and subject to the terms and conditions of the policy. The policy was in force and effect on August 25, 2008, on which date the beneficiary of the Policy was - 3 -
(The two insurance policies are collectively referred to herein as the "Policies.") The secondary or contingent beneficiaries named in said Policies were the surviving children of the Insured. Plaintiff is advised that the Insured was a resident and citizen of Georgia. 9. Someone shot and killed the Insured and his father, on or about August 25, 2008. The Insured's mother,, who was also shot and seriously wounded, placed a 911 call to authorities in the early morning hours of August 25, 2008. When authorities arrived on the scene, the Insured and his father were already dead. 10. On information and belief, at the time of the shootings, the Insured was estranged from his wife, Defendant. The death of the Insured was ruled a homicide. See Death Certificate annexed hereto as Exhibit C. The Georgia Bureau of Investigation's investigation into the homicide is ongoing. 11. Defendant claims the proceeds of the Policy. 12. On information and belief, Defendant has not been ruled out as a suspect in the shootings. - 4 -
13. On information and belief, Defendants, and are the surviving minor children of the Insured, and as such, are the contingent beneficiaries under the Policies. As such their interests are in conflict with the interest of their mother, Defendant. 14. The application for the Policy of insurance was taken in Georgia and the Policy was delivered to the Insured in Georgia. Plaintiff is without knowledge or information sufficient to form a belief as to whether the Defendant is or is not guilty of the murder or manslaughter or of being an accessory to murder under Georgia law in connection with the death of the Insured. Assuming, arguendo, that Defendant is found guilty of murder or manslaughter or is otherwise found guilty of being an accomplice to homicide under Georgia law in connection with the death of the Insured, then under Georgia law, she may not receive any proceeds from the Policy. O.C.G.A. 33-25-13. If Defendant is not entitled to policy proceeds under Georgia law, they may be due to be paid to the contingent beneficiaries, the minor children of the Insured or possibly to the estate for distribution to the heirs of the Insured, or otherwise subject to Georgia s laws of descent and distribution. Nat l. Life & Accident Ins. Co. v. Thornton, 188 S.E.2d 435 (Ga. App. 1972). Plaintiff does not know whether - 5 -
any personal representative of the Insured has been appointed by the Georgia courts. 15. Plaintiff has determined to recognize its liability and to pay the face amount of said Policies of $ to the person or persons rightfully entitled to receive said proceeds. However, Plaintiff is in grave doubt and is uncertain as to the party or parties entitled to receive all or any part of the proceeds of the Policy because of the claim of the named beneficiary, Defendant, and the suspicious circumstances raised by the combination of (1) the nature of the Insured's death, and (2) the policies on his life. Plaintiff is, by reason of said claim and possible adverse claims, exposed and subject to conflicting and adverse claims and a multiplicity of suits involving possible multiple liability on Plaintiff's part and involving costs and expenses of defending possible multiple suits seeking the recovery of the Policy proceeds. 16. Contemporaneously with the filing of this civil action, Plaintiff has deposited with the Registry of the Court, $ (figure includes interest), this sum being the full amount due and owing under the Policies. - 6 -
17. Because of the institution of this civil action and the possible conflicting and adverse claims being asserted, Plaintiff has been required to employ counsel to file this civil action, and for such purposes has employed of the firm of and, and obligated itself to pay said firms a reasonable fee for their attorneys' services and has incurred court costs and expenses incident to this action, all of which said attorneys' fees, court costs and expenses, Plaintiff avers that it is entitled to be paid or reimbursed and recover from the proceeds of said Policies deposited into the Registry of this Court, and Plaintiff does hereby claim said sums. 18. Plaintiff avers that it is necessary and proper that a Guardian Ad Litem be appointed to represent the minor defendants since their mother is also a party and she has a conflict of interest. WHEREFORE, Plaintiff prays that this Honorable Court will ORDER, ADJUDGE, DECREE and DECLARE: 1. That it is necessary and proper that a Guardian Ad Litem be appointed to represent the minor defendants. - 7 -
2. That each Defendant and any representative of the decedent Insured's Estate, their attorneys, servants, agents and employees be permanently enjoined from instituting or prosecuting any action against Plaintiff in any State or Federal Court seeking recovery of the proceeds of said Policies of insurance issued by Plaintiff insuring the life of (as described above) or from seeking a determination as to the person or persons entitled to the proceeds of said Policies except in the instant civil action. 3. That the Defendants and any representatives of the decedent Insured's Estate, be required to file in this civil action their respective claims to the proceeds of said policy of insurance or to such portion of the proceeds as each may claim. 4. That Plaintiff having paid into the Registry of this Court the sum of $, being the full amount due and owing under said Policy Number and Policy Number in which was insured, be discharged from all liability to Defendants and the Estate of, and each of them. 5. That Plaintiff recover from the amount paid into the Registry of this Court in this civil action its costs, expenses and attorneys' fees. - 8 -
6. That this Honorable Court will grant unto the Plaintiff such other, further or different relief to which it may be entitled. - 9 -
Respectfully submitted, this 14 th day of November, 2008. By: - 10 -