United States District Court, D. South Carolina, Florence Division
CONSENT ORDER FOR DISBURSEMENT OF FUNDS AND DISMISSAL
OF ALL CLAIMS WITH PREJUDICE
Honorable R. Bryan Harwell United States District Court
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.
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
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
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
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.
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
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 ...