American General Life Insurance Company v. Stewart et al (MAG+)

Filing 12

MEMORANDUM OPINION AND ORDER: it is ORDERED that the 11 Joint Motion is GRANTED as follows: 1) American General shall pay the Death Benefit to Barbara Ann Stewart in care of her attorney, James R. McKoon, Jr.; 2) American General is discharged w ith prejudice from any and all liability to the Defendants and to any person, firm, estate, corporation, or entity on account of or in any way related to American General Life Insurance Company Annuity Certificate No. P61D3505980 issued to the late H arvey Stewart, Jr. and/or related to the handling or processing of any claims made under American General Life Insurance Company Annuity Certificate No. P61D3505980 issued to the late Harvey Stewart, Jr.; 3) Defendants, and each of their respective a ttorneys, representatives, successors, assigns, and heirs are permanently enjoined from instituting or prosecuting against American General any proceeding in any state or United States Court or administrative tribunal relating to the death benefit pa yable under American General Life Insurance Company Annuity Certificate No. P61D3505980 issued to the late Harvey Stewart, Jr.; 4) American General is discharged from all further appearances or actions in this case, and from all liability for cost herein; 5) The case is DISMISSED WITH PREJUDICE, and with costs taxed as paid; A final separate judgment will enter. Signed by Chief Judge Emily C. Marks on 1/8/2021. (amf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
AMERICAN GENERAL LIFE INS. CO., )
)
Plaintiff,
)
)
v.
)
)
BARBARA ANN STEWART, et al.,
)
)
Defendants.
)

CIVIL ACT. NO. 3:20-cv-880-ECM

MEMORANDUM OPINION and ORDER
Now pending before the Court is the Parties’ Joint Motion for Discharge of Plaintiff
American General Life Insurance Company (“American General”) from further liability
pursuant to 28 U.S.C. § 2361 and for an Order to Pay the Policy Benefit to Barbara Ann
Stewart (doc. 11) filed on January 4, 2021. This Interpleader action was filed to resolve
conflicting claims to the death benefit due and payable pursuant to American General Life
Insurance Company Annuity Certificate No. P61D3505980 issued to the late Harvey
Stewart, Jr. (the “Death Benefit”). All parties that may have an interest in the Death Benefit
have been named as Defendants in this action and have consented to the relief sought
herein. Accordingly, upon consideration of the motion, and for good cause, it is
ORDERED that the Joint Motion (doc. 11) is GRANTED as follows:
1.

American General shall pay the Death Benefit to Barbara Ann Stewart in

care of her attorney, James R. McKoon, Jr.
2.

American General is discharged with prejudice from any and all liability to

the Defendants and to any person, firm, estate, corporation, or entity on account of or in

any way related to American General Life Insurance Company Annuity Certificate No.
P61D3505980 issued to the late Harvey Stewart, Jr. and/or related to the handling or
processing of any claims made under American General Life Insurance Company Annuity
Certificate No. P61D3505980 issued to the late Harvey Stewart, Jr.
3.

Defendants, and each of their respective attorneys, representatives,

successors, assigns, and heirs are permanently enjoined from instituting or prosecuting
against American General any proceeding in any state or United States Court or
administrative tribunal relating to the death benefit payable under American General Life
Insurance Company Annuity Certificate No. P61D3505980 issued to the late Harvey
Stewart, Jr.
4.

American General is discharged from all further appearances or actions in

this case, and from all liability for cost herein.
5.

The case is DISMISSED WITH PREJUDICE, and with costs taxed as paid.

A final separate judgment will enter.
DONE this 8th day of January, 2021.

/s/ Emily C. Marks
EMILY C. MARKS
CHIEF UNITED STATES DISTRICT JUDGE