THE LINCOLN NATIONAL LIFE INSURANCE COMPANY
v.
RODGERS
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The Court held that a plaintiff in a statutory interpleader action must deposit the disputed funds or post a bond to establish subject matter jurisdiction.
Plaintiff filed a complaint for interpleader, alleging diversity jurisdiction and the required amount in controversy for an insurance policy. However,…
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THIS CAUSE is before the Court sua sponte. On July 17, 2025, Plaintiff initiated the instant action by filing a Complaint for Interpleader. See (Doc. 1; Complaint). In the Complaint, Plaintiff alleges that the Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1335. See Complaint ¶¶ 8. Under § 1335, the Court is authorized to exercise jurisdiction over a statutory interpleader action if: (1) the money or property in the plaintiff's possession is valued at $500 or more; (2) two or more adverse claimants of diverse citizenship have claims or potential claims for the money or property in controversy; and (3) the plaintiff deposits the money or property in controversy into the registry of the Court, or gives a bond payable to the Clerk in the amount of such money or property. See
28 U.S.C. § 1335; see also John Alden Life Ins. Co. v. Vanlandingham, No. 5:04-cv-538-OC-10GRJ, 2006 WL 1529047, at *3 (M.D. Fla. May 30, 2006). Here, according to the allegations in Plaintiff's Complaint, the amount in controversy is $100,000, the value of the insurance policy in dispute. See Complaint ¶ 12, 23. Minimal diversity exists because one of the named adverse claimants is alleged to be a citizen of Florida while the other is alleged to be a citizen of Georgia. See Complaint ¶¶ 3, 4. [fn 1] However, the third requirement, that of depositing the disputed policy proceeds in the Court registry or posting a bond with the Clerk of the Court, has not been met. Plaintiff is aware of the need to satisfy this requirement, noting in the Complaint that it “will deposit into the registry of the Court the Policy Benefit upon issuance of an order authorizing such payment pursuant to Rule 67 of the Federal Rules of Civil Procedure." Complaint¶ 39.
For the Court to have jurisdiction over this interpleader action, brought pursuant to 28 U.S.C. § 1335, the policy proceeds must be deposited to the registry of the Court or Plaintiff must post a bond with the Clerk of the Court. See Murphy v. Travelers Ins. Co., 534 F. 2d 1155, 1159 (5th Cir. 1976). [fn 2] Thus,
to cure this jurisdictional defect, and in consideration of Plaintiff's stated intention, Plaintiff will be directed to deposit the proceeds from Life Insurance Policy Number EXBM28129, see Complaint ¶¶ 12, plus accrued interest, into the registry of the Court on or before August 25, 2025, and to file a Notice with the Court that it has done so.
Accordingly, it is hereby
ORDERED:
Plaintiff shall DEPOSIT the proceeds, and any accrued interest, from Life Insurance Policy Number EXBM28129, see Complaint ¶ 12, into the registry of the Court in an interest bearing account on or before August 25, 2025, and shall promptly file a Notice with the Court advising that it has done so. If Plaintiff fails to deposit the disputed insurance proceeds (or submit to the Court a bond payable to the Clerk in the amount of such money), then the case will be dismissed without prejudice for lack of subject matter jurisdiction.
DONE AND ORDERED at Jacksonville, Florida, this 13th day of August, 2025.
Mania Morules Howand
MARCIA MORALES HOWARD
United States District Judge
i64/lc33 Copies to: Counsel of Record
[fn 1]: 28 U.S.C. § 1335 requires only minimal diversity. State Farm Fire & Cas. Co. v. Tashire, 386 U.S. 523, 530 (1967). Therefore, the fact that there may be additional unknown potential claimants does not affect the Court's jurisdiction.
[fn 2]: In Bonner v. City of Prichard, 661 F. 2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh Circuit adopted as binding precedent all the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981.
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The Lincoln Nat'l Life Ins. Co. v. Rodgers (M.D. Fla. 2025)…ble to the Clerk in the amount of such money or property. See ---PAGE 2--- Case 3:25-cv-00811-MMH-PDB Document 13 Filed 08/13/25 Page 2 of 4 PageID 103 28 U.S.C. § 1335; see also John Alden Life Ins. Co. v. Vanlandingham, No. 5:04-cv-538-OC-10GRJ, 2006 WL 1529047, at *3 (M.D. Fla. May 30, 2006). Here, according to the allegations in Plaintiff's Complaint, the amount in controversy is $100,000, the value of the insurance policy in dispute. See Complaint ¶ 12, 23. Minimal diversity exists because one of the n…
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Primerica Life Ins. Co. v. Pedrogos, 2016 WL 3746538 (M.D. Fla. 2025)…l interest in the proceeds and has acted in good faith in bringing this action. Therefore, Primer- ica is entitled to interplead the funds and to release itself from all liability related to the policy. See John Alden Life Ins. Co. v. Vanlandingham, 2006 WL 1529047, at *4 (M.D. Fla. May 30, 2006). Although interpleader is proper, the parties' request to deposit the policy pro- ceeds into the trust account of Johnson Pope Bokor Ruppel & Burns LLP is not. In a Rule 22 interpleader, the disputed funds typically…
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Truist Bank v. Milton Constructors LLC (M.D. Fla. 2025)…ble to the Clerk in the amount of such money or property. See 28 U.S.C. § 1335; see also John Alden Life Ins. Co. v. Vanlandingham, No. ---PAGE 2--- Case 3:25-cv-00716-MMH-LLL Document 11 Filed 07/28/25 Page 2 of 4 PageID 24 5:04-cv-538-OC-10GRJ, 2006 WL 1529047, at *3 (M.D. Fla. May 30, 2006). Upon review, the Court is unable to determine whether it has subject matter jurisdiction over this action. Here, in the Complaint, Plaintiff alleges that Defendant Milton Constructors, LLC (Milton) is “a Florida lim…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bonner v. City OF Prichard, 661 F.2d 1206 (11th Cir. 1981)
- State Farm Fire & Cas. Co. v. Tashire, 386 U.S. 523 (U.S. 1967)
- Murphy v. The Travelers Ins. Co., 534 F.2d 1155 (5th Cir. 1976)
- The Lincoln Nat'l Life Ins. Co. v. Rodgers (M.D. Fla. 2025)