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Guinn v. Transamerica Premier Life Insurance Co.

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

January 17, 2017

Larry Anthony Guinn, Plaintiff,
v.
Transamerica Premier Life Insurance Company, Defendant. And Transamerica Premier Life Insurance Company, Third-Party Plaintiff,
v.
Margaret Ann Rhodes, Third-Party Defendant.

          CONSENT ORDER FOR DISBURSEMENT OF FUNDS AND DISMISSAL OF ALL CLAIMS WITH PREJUDICE

          Honorable R. Bryan Harwell United States District Court Judge.

         BEFORE THE COURT is the request of the Defendant/Third-Party Plaintiff, Transamerica Premier Life Insurance Company (“Transamerica”), with the consent of Plaintiff Larry Anthony Guinn and Third-Party Defendant Margaret Ann Rhodes, to: (a) allow Transamerica to pay the proceeds of the subject life insurance policy to the interested parties; (b) discharge Transamerica from further liability relating to the subject life insurance policy; (c) enjoin Plaintiff Larry Anthony Guinn and Third-Party Defendant Margaret Ann Rhodes from pursuing legal action in the future against Transamerica relating to the subject life insurance policy; and (d) dismiss all claims, counterclaims, third-party claims, and crossclaims, with prejudice.

         THE RECORD REFLECTS the following facts pertinent to the Order requested by Transamerica:

1. On May 26, 1982, a predecessor to Transamerica issued a life insurance policy bearing Policy No. xxxxx0221 with a face amount of FIFTY THOUSAND AND NO/100S ($50, 000.00) Dollars on the life of Larry P. Guinn (“the Policy”).
2. Transamerica received an executed change of beneficiary form dated June 22, 2007 naming Margaret Ann Rhodes as the irrevocable primary beneficiary of the death benefit for the Policy.
3. Transamerica received an executed change of beneficiary from dated October 14, 2011 naming Larry Anthony Guinn as the primary beneficiary of the death benefit for the Policy.
4. Larry P. Guinn died on May 22, 2014.
5. After the death of the Insured, both Larry Anthony Guinn and Margaret Ann Rhodes made claims for the death benefit under the Policy.
6. On March 10, 2016, Larry Anthony Guinn commenced the above-captioned action asserting various claims relating to the Policy.
7. Due to the competing claims, on July 18, 2016 Transamerica filed a counterclaim and third-party claim for interpleader because it was in doubt as to which party is entitled to payment of the proceeds of the Policy, and Transamerica is or may be exposed to multiple or inconsistent liability and obligations under the Policy.
8. Plaintiff Larry Anthony Guinn and Third-Party Defendant Margaret Ann Rhodes both appeared and asserted their positions in the instant lawsuit and have agreed to the Court's exercise of in personam jurisdiction.

         THE COURT FINDS that it has jurisdiction over both the subject matter and the parties. The Court also finds that all parties with a potential interest in the insurance proceeds payable under the Policy have been named and properly joined as parties.

         THE COURT IS FURTHER INFORMED that counsel of record agree that Transamerica should be awarded the sum of SEVEN THOUSAND FIVE HUNDRED AND NO/100S ($7, 500.00) DOLLARS for its attorneys' fees and costs incurred in asserting and litigating its interpleader claim. The Court finds that this sum is reasonable and may be withheld ...


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