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Fidelity & Guaranty Life Insurance Co. v. Brown

United States District Court, D. South Carolina, Greenville Division

June 27, 2016

Fidelity & Guaranty Life Insurance Company, Plaintiff,
v.
Larry C. Brown, Stephanie B. Evans, and William S. Tolliver, as Personal Representative of the Estate of Larry O. Brown, Defendants.

          WE SO MOVE: NELSON MULLINS RILEY & SCARBOROUGH LLP, Graham R. Billings, D. Larry Kristinik, Alana Odom Williams, Attorneys for Plaintiff Fidelity & Guaranty Life Insurance Company

          WE SO 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

          Hon. Mary Geiger Lewis United States District Judge

         BEFORE 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.

         THE RECORD REFLECTS the following facts pertinent to the Order requested by F&G Life:

         1. On 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. Brown.

         2. On 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.

         3. 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 Insured.

         4. On 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.

         5. By 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.

         6. Larry O. Brown died on June 16, 2015, in Greenville, South Carolina.

         7. 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 beneficiary.

         8. 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 ...


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