Infinity Auto Insurance Company v. Whigham et al

Filing 66

ORDER directing Infinity to clarify within seven days of the date of this Order whether it seeks to retain any amount of the fundscurrently on deposit with the Registry of Court for "statutory user[]fees" or premiums "earned" bec ause of compulsory vehicle insurance requirements. Mr. Whigham is directed to provide the Court within sevens days of the date of this Order written instructions as to whom and where the interpleaded funds shall be sent. Compliance due by 4/27/2015. Signed by Judge J. Randal Hall on 04/20/2015. (thb)

IN THE UNITED

STATES DISTRICT COURT

FOR THE

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
*

INFINITY AUTO

INSURANCE

COMPANY,
*
*

Plaintiff,
*
*

v.
*

CV

113-214

*

JOSEPH WHIGHAM

and ROBERT
*

WHIGHAM,
*

*

Defendants.
*

*

0

R

D

E

R

Presently before the Court is Plaintiff Infinity Auto Insurance
Company's
Court.

("Infinity")

(Doc.

64.)

Motion to Disburse Funds

On March 20,

2015,

in

the Registry of

this Court granted Infinity's

Motion for Summary and held the policy it issued to Defendant Robert
Whigham

void

ab

misrepresentation

initio
when

because

he

failed

Mr.

Whigham

to

disclose

Whigham, was a resident of his household.

the

Court

briefs

or

premiums,
refunded

Complaint

also
a

directed

consent

the

order

procured

parties

that

(Doc.

to

file

addressing what

his

59.)

son,

the

insured

in

that

it

may

"earned . . . because of

vehicle insurance."

light

be

of

the

of

allegation

entitled

the requirement

that

Joseph

supplemental
the

currently on deposit with the Registry of Court,
to

through

In that Order,

either

portion

it

to

in

tendered

should be
Infinity's

some

amount

it provide compulsory

(Id. at 26; Compl., Doc. 1, H 35.)

In
"the

the

full

instant

amount

motion,

of

the

relation to this matter"

Court

disburse

"the

Infinity moves

funds
(Doc.

total

held

however,

"statutory user[]

the

Court

registry

to
of

disburse
court

in

64 at 1), but later requests that the

amount

of

interest, minus any statutory users
does not,

in

the

funds

.

.

[sic] fees"

. plus

all

(id. at 2).

accrued

Infinity

provide the Court with any calculation of

these

fees," nor any legal authority to support that it

is entitled to such fees in the first place.

Infinity then concludes

with a statement that it "does not seek the return of any portion of
the premium."

(Id.)

Given Infinity's conflicting requests,

in abundance of caution

the Court DIRECTS Infinity to clarify WITHIN SEVEN DAYS of the date
of

this

Order

whether

it

seeks

to

retain

any

amount

of

the

funds

currently on deposit with the Registry of Court for "statutory user[]
fees"

or

premiums

"earned" because of

compulsory vehicle

insurance

requirements.

The
WITHIN

Court

further

SEVEN DAYS

of

the

DIRECTS
date

of

Mr.

Whigham

this

to

provide

Order written

the

Court

instructions

as

to whom and where the interpleaded funds shall be sent.

ORDER ENTERED at Augusta, Georgia, this

^0

day of April,

2015.

HONOE&BirE J.

RANDAL HALL

UNITED/STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA