United States District Court, N.D. Mississippi, Greenville Division
S. Harris, MSB No. 104289 JONES WALKER LLP Counsel for
Nationwide Life and Annuity Insurance Company
A. Coker, MSB No. 99134 COKER LAW FIRM, PLLC Counsel for
Defendant Mary Lou Daves
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
MICHAEL P. MILLS, UNITED STATES DISTRICT JUDGE
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:
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 states a specified amount of $200, 000.00 as the death
benefit of the Policy.
Policy listed Mary Lou Daves as the primary beneficiary, with
no contingent beneficiaries.
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)).
to this uncertainty, there are potential competing claims
between Ms. Daves and the Estate of Kenneth Daves to the
proceeds of the Policy.
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.
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 ...