United States District Court, D. South Carolina, Greenville Division
MOVE: NELSON MULLINS RILEY & SCARBOROUGH LLP, Graham R.
Billings, D. Larry Kristinik, Alana Odom Williams, Attorneys
for Plaintiff Fidelity & Guaranty Life Insurance Company
CONSENT: JENNINGS LAW FIRM, LLC, Clayton L. Jennings,
Attorney for Defendant William S. Tolliver, as Personal
Representative of the Estate of Larry O. Brown
WILLIAM D. FORE P.A., William D. Fore, Attorney for Defendant
Stephanie B. Evans
CONSENT ORDER FOR INTERPLEADER
Mary Geiger Lewis United States District Judge
THE COURT is the request of Plaintiff Fidelity & Guaranty
Life Insurance Company (“F&G Life”), with the
consent of Defendants Stephanie B. Evans and William S.
Tolliver, as Personal Representative of the Estate of Larry
O. Brown, to allow F&G Life to pay the proceeds of the
subject life insurance policies into the Court and to
discharge F&G Life from further liability relating to the
policies pursuant to Rules 22 and 67 of the Federal Rules of
Civil Procedure. The third defendant, Larry C. Brown, has not
responded to the Summons and Complaint and is in default.
RECORD REFLECTS the following facts pertinent to the Order
requested by F&G Life:
May 14, 2008, OM Financial Life Insurance Company, the
predecessor to F&G Life, issued a Term Life Insurance
Policy insuring the life of Larry O. Brown (the
“Insured”) with a face value of Eighty Thousand
($80, 000.00) Dollars and assigned Policy No. xxxx9962. Per
the Application, the Estate of Larry Brown was designated as
the primary beneficiary in the event of the death of Larry O.
June 18, 2008, OM Financial Life Insurance Company, the
predecessor to F&G Life, issued a second Term Life
Insurance Policy insuring the life of Larry O. Brown with a
face value of Thirty-Six Thousand ($36, 000.00) Dollars and
assigned Policy No. xxxx9961. Per the Application, Michael
Foggie was designated as the primary beneficiary in the event
of the death of Larry O. Brown.
F&G Life received a Request for Service form signed by
the Insured and dated May 3, 2015. The Request for Service
form requested that the primary beneficiary for Policy No.
xxxx9961 be changed to Larry C. Brown, the son of the
or about June 8, 2015, F&G Life received a fax from
Michael F. Talley, Esq., attaching two Request for Service
forms purportedly signed by the Insured and dated June 4,
2015. The Request for Service forms requested that the
primary beneficiary for Policy Nos. xxxx9961 and 9962 be
changed to Stephanie B. Evans, the cousin of the Insured.
letters dated June 10, 2015, F&G Life wrote the Insured,
stating that, in order to process the change of beneficiary
requests for Policies Nos. xxxx9961 and xxxx9962, a signature
verification was required.
Larry O. Brown died on June 16, 2015, in Greenville, South
F&G Life received a Claimant’s Statement from Larry
C. Brown dated July 28, 2015, seeking payment of the death
benefit proceeds pursuant to Policy No. xxxx9961 as the sole
F&G Life received a letter dated September 14, 2015 from
William S. Tolliver requesting copies of the policies, any
beneficiary changes made in the past two years, and
instructions on how to make a claim as a beneficiary. The
letter enclosed a copy of William S. Tolliver’s
appointment as personal representative of ...