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Nationwide Life and Annuity Insurance Co. v. Estate of Daves

United States District Court, N.D. Mississippi, Greenville Division

August 7, 2017

NATIONWIDE LIFE AND ANNUITY INSURANCE COMPANY PLAINTIFF
v.
THE ESTATE OF KENNETH DAVES, and MARY LOU DAVES DEFENDANTS

          Andrew S. Harris, MSB No. 104289 JONES WALKER LLP Counsel for Nationwide Life and Annuity Insurance Company

          Todd A. Coker, MSB No. 99134 COKER LAW FIRM, PLLC Counsel for Defendant Mary Lou Daves

          M. Kevin Horan, MSB No. 2638 HORAN & HORAN, ATTORNEYS AT LAW Counsel for Defendant the Estate of Kenneth Daves

          AGREED FINAL JUDGMENT OF DISCHARGE AND DISMISSAL WITH PREJUDICE

          MICHAEL P. MILLS, UNITED STATES DISTRICT JUDGE

         This action is before the Court on the agreed ore tenus motion of Plaintiff Nationwide Life and Annuity Insurance Company (“Nationwide”), the interpleading party, for entry of a final judgment of discharge and dismissal with prejudice, and for entry of a permanent injunction pursuant to 28 U.S.C. § 2361. The Court, having been fully informed in the premises and being advised that Defendants Mary Lou Daves and the Estate of Kenneth Daves agree to the relief sought by Nationwide, finds that Nationwide's motion is well taken and should be granted. In granting Nationwide's motion, the Court finds as follows:

         1. This action pertains to the proceeds of a life insurance policy issued by Nationwide for the life of Kenneth Daves (the “Decedent”) bearing policy number L045227530 (the “Policy”).

         2. The Policy states a specified amount of $200, 000.00 as the death benefit of the Policy.

         3. The Policy listed Mary Lou Daves as the primary beneficiary, with no contingent beneficiaries.

         4. The Decedent was shot while working in his convenience store in Carroll County, Mississippi, and found dead on July 29, 2015, from an apparent homicide.

         5. As a result of local officials' on-going investigation into the Decedent's death and their failure to confirm that Ms. Daves is neither a suspect nor a person of interest in the investigation, Nationwide is uncertain whether it may lawfully pay the Policy proceeds to her or whether she will be precluded by law from recovering the proceeds, in which case the Policy proceeds would be lawfully owed to the Decedent's heirs. Dill v. So. Farm Bureau Life Ins. Co., 797 So.2d 858, 866 (Miss. 2001) (citing Miss. Code Ann. § 91-1-25; Gholson v. Smith, 48 So.2d 603, 604 (Miss. 1950)).

         6. Due to this uncertainty, there are potential competing claims between Ms. Daves and the Estate of Kenneth Daves to the proceeds of the Policy.

         7. Nationwide is unable to establish the proper party to receive the Policy proceeds, and faces a potential for double, multiple, or competing liability for the proceeds.

         8. On September 13, 2016, Nationwide filed the Complaint in Interpleader (Rec. Doc. 1) against the Defendants Ms. Daves and the Estate of Kenneth Daves in order to interplead ...


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