The Prudential Insurance Company of America v. Chumney et al

Filing 78

DISCHARGE AND DISBURSEMENT ORDER, it is ORDERED, ADJUDGED, and DECREED, pursuant to Rule 22 FRCP, that: (1) Plf Prudential Insurance Company of America's 65 Motion to be Discharged from further Liability to all persons or entities for payment under the Group Contract for Basic Employee Term Life benefits insuring the life of Christine Chumney and dft Winona Chumney's 70 Motion for Disbursement are granted; (2) Plf Prudential Insurance Company of America is discharged from further l iability to all persons or entities for payment under the Group Contract for Basic Employee Term Life benefits insuring the life of Christine Chumney; (3) The clerk of the court is to disburse to Ramsey Baxley & McDougle, PC benefits in the amount of $60,148.58, which were paid by plf Prudential Insurance Company of America into court; (4) Ramsey, Baxley & McDougle, PC shall then pay equal amounts of this sum to the conservatorships of CAC and PAC. Signed by Honorable Myron H. Thompson on 5/7/2009. (furn: dh, financial) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff, v. WINONA CHUMNEY, in her capacity as guardian of minor children CAC and PAC; JAMES ALLEN CHUMNEY; and the ESTATE OF CHRISTINE ANN CHUMNEY, deceased, Defendants.

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CIVIL ACTION NO. 1:08cv474-MHT (WO)

DISCHARGE AND DISBURSEMENT ORDER This cause came before the court on the plaintiff Prudential Insurance Company of America's motion to be discharged from further liability to all persons or

entities for payment under the Group Contract for Basic Employee Term Life benefits no. insuring the life of

Christine Chumney (doc.

65) and defendant Winona no. 70).

Chumney's motion for disbursement (doc.

There is no dispute that defendant Winona Chumney, as guardian for minor children CAC and PAC, is entitled to payment under the Group Contract for Basic Employee Term Life benefits insuring the life of Christine Chumney in the amount of $ 60,148.58. Prudential has already

deposited funds in this amount with the clerk of the United States District Court for the Middle District of Alabama, and the evidence reflects that these funds

should be distributed evenly between the conservatorships for minor children CAC and PAC. The issue of whether

Winona Chumney, as guardian for minor children CAC and PAC, is entitled to payment under the Group Universal Life and the Accidental Death & Dismemberment policies is addressed by Winona Chumney's counterclaim against

Prudential and is not resolved by this order. Upon consideration of the motions, the court finds that the discharge of Prudential and the disbursement of the interpled funds would be in the best interest of

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minor

children

CAC

and

PAC,

and

that

therefore

the

motions should be granted. Accordingly, it is ORDERED, ADJUDGED, and DECREED, pursuant to Rule 22 of the Federal Rules of Civil

Procedure, that: (1) Plaintiff Prudential Insurance Company of

America's motion to be discharged from further liability to all persons or entities for payment under the Group Contract for Basic Employee Term Life benefits insuring the life of Christine Chumney (doc. no. 65) and

defendant Winona Chumney's motion for disbursement (doc. no. 70) are granted. (2) Plaintiff Prudential Insurance Company of America is discharged from further liability to all persons or entities for payment under the Group Contract for Basic Employee Term Life benefits insuring the life of

Christine Chumney. (3) The clerk of the court is to disburse to Ramsey Baxley & McDougle, P.C. benefits in the amount of

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$ 60,148.58, which were paid by plaintiff Prudential Insurance Company of America into court. (4) Ramsey, Baxley & McDougle, P.C. shall then pay equal amounts of this sum to the conservatorships of CAC and PAC. DONE, this the 7th day of May, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE