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The Baltimore Life Insurance Co. v. Brown

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

August 16, 2018

THE BALTIMORE LIFE INSURANCE CO., Plaintiff,
v.
CATHERINE BROWN, YVONNE GREEN, SHIRLEY PARAMORE, and ANGELYNE M. GREEN-DAVIS, Defendants.

          REPORT AND RECOMMENDATION

          Thomas E. Rogers, III United States Magistrate Judge.

         I. INTRODUCTION

         This is an interpleader action. Because Defendants Yvonne Green, Shirley Paramore, and Angelyne Green-Davis have appeared pro se in this action, all pretrial proceedings in this case were referred to the undersigned pursuant to the provisions of 28 U.S.C. § 636(b)(1)(A) and (B) and Local Rule 73.02(B)(2)(e), DSC. This Report and Recommendation is entered for review by the District Judge.

         II. FACTS

         On October 2, 2007, Alvin Brown, the decedent, purchased from Plaintiff Baltimore Life a life insurance policy, no. A1054280. See Policy (attached as Ex. 1 to Compl.). The policy has a face value of approximately $10, 000. The policy named Alvin Kenneth Brown (son) as the primary beneficiary and Alma A. Brown (wife) as the contingent beneficiary.

         On July 24, 2010, the decedent executed a Durable General Power of Attorney appointing Defendants Catherine Brown and Yvonne Green as his attorneys in fact. See 2010 Durable General Power of Attorney (attached as Ex. 2 to Compl.).

         On January 18, 2011, Baltimore Life received a Beneficiary form executed on January 12, 2011, by Catherine Brown as POA for the decedent, which named Catherine Brown as the primary beneficiary and Yvonne Green as the contingent beneficiary of the policy. 2011 Beneficiary Form (Ex. 3 to Compl.).

         On February 6, 2013, the decedent executed a second Durable General Power of Attorney appointing Yvonne Green as his sole attorney in fact. 2013 Durable General Power of Attorney (Ex. 4 to Compl.).

         On May 2, 2013, Baltimore Life received a Beneficiary form dated April 30, 2013, naming Yvonne Green and Shirley Paramore as the primary beneficiaries of the policy. 2013 Beneficiary Form (Ex. 5 to Compl.).

         On February 29, 2016, Baltimore Life received a Beneficiary form dated February 22, 2016, naming Angelyne Green-Davis as the contingent beneficiary of the policy. 2016 Beneficiary Form (Ex. 6 to Compl.).

         The decedent passed away on December 14, 2017.

         On January 22, 2018, Baltimore Life received Claimant's Statements executed by Yvonne Green on January 18, 2018, and Shirley Paramore on January 18, 2016. Claimants Statements (Exs. 7, 8 to Compl.). On February 26, 2018, Baltimore Life issued letters to Green and Paramore noting the multiple claims on the policy and that the policy would be interpleaded as a result. Letters (Exs. 9, 10 to Compl.).

         III. PROCEDURAL HISTORY

         Baltimore Life filed this action on April 23, 2018. On the same date, Baltimore Life filed a Motion to Deposit Funds, for Attorney's Fees, and for Order of Discharge and Dismissal (ECF No. 5), seeking an order (I) granting leave to deposit into the Registry of the Court the death benefit due under the policy, (ii) discharging Baltimore Life from any and all liability with respect to, affecting, or in any way arising out of the policy, (iii) enjoining the defendants from instituting or prosecuting any action in any federal, state, or administrative forum against Baltimore Life relating ...


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