GREAT WEST LIFE & ANNUITY INSURANCE COMPANY
v.
BROWN
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The court granted the parties' joint motion, ordering the plaintiff to deposit insurance proceeds and be discharged from liability, while permanently enjoining defendants from further proceedings against the plaintiff regarding the proceeds.
Plaintiff insurance company filed an interpleader action concerning insurance policy proceeds. All parties agreed that one defendant, Wells Fargo, was…
The full statement of facts, procedural history, and disposition for this case are member content.
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and SUSAN A. BROWN,
Defendants. /
ORDER1
Before the Court is the parties’ Joint Motion for Deposit of Proceeds, Discharge, and Dismissal (Doc. 84). The parties all agree that Defendant Wells Fargo Delaware Trust Company, NA is a disinterested party and should be dismissed with prejudice. Further, the parties agree Plaintiff Great West Life & Annuity Insurance Company in this interpleader action should deposit the stake (proceeds from an insurance policy), then be dismissed with prejudice
(S.D. Fla. 2010). Accordingly, it is now ORDERED: The parties’ Joint Motion for Deposit of Proceeds, Discharge, and
Dismissal (Doc. 84) is GRANTED. (1) Within fifteen (15) business days from today, Great-West Life & Annuity Insurance Company SHALL DEPOSIT into the Court’s registry the proceeds of Certificate No. 303251 (the “Certificate”) and
applicable accrued interest, less Great-West’s reasonable attorney’s fees in the amount of $15,000.00, in the total amount of $694,080.42. (2) Upon deposit of the Certificate proceeds into the Court’s registry (as specified in Paragraph2), Great-West shall be discharged from any
and all further liability with respect to, affecting, or in any way arising out of the Certificate. (3) Interpleader Defendants Susan A. Brown, Paul Brown (individually and as personal representative of the Estate of Alfred B. Brown),
Warren Brown, Mark Brown, Stephen Brown, and Wells Fargo Delaware Trust Company, N.A. (as successor to Delaware Trust Company) (collectively, the “Interpleader Defendants”) are permanently enjoined from instituting or prosecuting any other proceeding, action, arbitration, or lawsuit against Great-West, or any
of Great-West’s predecessors, successors, and/or parent companies, including (but not limited to) Protective Life Insurance Company, with respect to the Certificate proceeds, as well as any and all claims that were or could have been raised in this action relating to the
Certificate.2 (4) Any person or entity not yet joined as a party to this action who may make a claim for, or be entitled to, the Certificate proceeds is hereby joined and subject to Paragraph 4.
(5) The Clerk is DIRECTED to enter judgment of interpleader in favor of Great-West. All claims actually asserted or which might have been asserted against Great-West herein are DISMISSED with prejudice, and Great-West is DISMISSED with prejudice from
this action. (6) Interpleader Defendant Wells Fargo Delaware Trust Company, N.A., is DISMISSED with prejudice from this action. The remaining Interpleader Defendants shall continue to assert in this action their
claims to the Certificate proceeds.
, Lh platrathe 7
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
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