Jackson National Life Insurance Company v. Tottenham et al
Filing
35
OPINION AND ORDER denying 33 Motion for Interpleader Deposit (28 U.S.C. Section 1335); denying 34 Motion for Attorney Fees. Signed by Judge John E. Steele on 10/30/2017. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JACKSON
NATIONAL
INSURANCE COMPANY,
LIFE
Plaintiff,
v.
Case No:
2:16-cv-883-FtM-29MRM
PATRICK J. TOTTENHAM, as
personal representative for
the estate of Teresa A.
Sievers and MARK D. SIEVERS,
Defendants.
OPINION AND ORDER
This matter comes before the Court on review of plaintiff's
Unopposed Motion for Order of Interpleader (Doc. #33) and Unopposed
Motion for Attorney’s Fees (Doc. #34) filed on August 30, 2017.
A Clerk’s Entry of Default (Doc. #30) was entered against Mark D.
Sievers on August 18, 2017.
For the reasons set forth below, the
motions are denied.
I.
The undisputed facts in the Complaint establish that Mark D.
Sievers (husband of Teresa A. Sievers) is the primary and only
beneficiary of the attached traditional IRA annuity contract.
(Doc. #1-1.)
No contingent beneficiary is designated in the
annuity contract unless no beneficiary survives, in which case the
proceeds would revert to Teresa A. Sievers’ estate.
(Doc. #1, ¶
8; Doc. #1-1, pp. 10, 17.)
With regard to the death benefit
options available before the income date of June 21, 2064, the
annuity contract states:
In the event of the Owner's death or the death
of a Joint Owner before the Income Date, a
Beneficiary must request that the death
benefit be paid under one of the death benefit
options below unless the Owner did so
previously. The following are the available
death benefit options:
1. Option 1 - single lump-sum payment of the
death benefit; or
2. Option 2 - payment of the entire death
benefit within five years of the date of the
death of the Owner or any Joint Owner; or
3. Option 3 - payment of the death benefit
under an income option over the lifetime of
the Beneficiary or over a period not extending
beyond the life expectancy of the Beneficiary,
with distribution beginning within one year of
the date of the death of the Owner or Joint
Owner.
Any portion of the death benefit not applied
under Option 3 within one year of the date of
the Owner's death must be distributed within
five years of the date of the Owner's death.
(Doc. #1-1, pp. 10, 27.)
Further, as the spouse of the owner of
the annuity contract, Mark D. Sievers could elect to continue the
contract in his own name and exercise all the same rights in lieu
of taking the death benefit.
(Id., p. 27.)
On or about June 29, 2015, Teresa A. Sievers was found dead
in her home of blunt force trauma, and the cause of death was ruled
a homicide.
(Doc. #1, ¶ 10.)
Upon notification that Mark D.
- 2 -
Sievers was a person of interest, and upon request of the Lee
County Sheriff’s Office to hold any payment of proceeds, plaintiff
held disbursement of proceeds in abeyance.
(Id., ¶ 11.)
Since
then, Mark D. Sievers has been arrested and charged with his wife’s
murder, and is awaiting trial.
(Id., ¶ 12.)
Plaintiff alleges that Mark D. Sievers has a valid claim to
the benefits as the named beneficiary and it has not yet been
determined if he killed his wife.
(Id., ¶ 15.)
Plaintiff also
alleges that defendant Patrick J. Tottenham has a valid claim if
Mark D. Sievers is prohibited from receiving the proceeds under
Fla. Stat. § 732.802(3).
(Id., ¶ 16.)
No final judgment of
conviction has been entered, and no other determination has been
made as to whether the killing was unlawful and intentional.
Plaintiff does not allege that either defendant has actually made
a claim against it, and the Complaint does not seek to adjudicate
the potential claims.
Rather, plaintiff simply seeks to give the
money to the Court and be done with the matter.
II.
An interpleader is a “means by which an innocent stakeholder
. . . avoids multiple liability by asking the court to determine
the asset’s rightful owner.”
Chase Manhattan Bank v. Mandalay
Shores Cooperative Housing Ass’n, Inc., 21 F.3d 380, 383 (11th
Cir. 1994).
neither
Here, there appears to have been no actual claim, and
plaintiff
nor
Tottenham
seek
- 3 -
a
determination
of
the
rightful ownership of the benefits.
The Court sees no reason why
the Clerk’s Office should be the depository of the funds for an
indefinite period until someone decides to make a claim.
Plaintiff
also
seeks
percent of the benefits.
attorney
fees
of
approximately
ten
An award of attorney fees is within the
sound discretion of the Court, but such fees are not typically
awarded
to
an
insurance
company
Manhattan Bank, 21 F.3d at 383-84.
in
this
situation.
Chase
The Court finds nothing to
justify an award of attorney fees in this case at this time.
Accordingly, it is hereby
ORDERED:
1. Plaintiff's Unopposed Motion for Order of Interpleader
(Doc. #33) is DENIED.
2. Plaintiff’s Unopposed Motion for Attorney’s Fees (Doc. #34)
is DENIED.
DONE and ORDERED at Fort Myers, Florida, this
of October, 2017.
Copies:
Counsel of Record
- 4 -
30th
day
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