American General Life and Accident Insurance Co. v. Hardin et al

Filing 27

MEMORANDUM OPINION AND ORDER by Chief Judge John G. Heyburn II on 3/15/06; sustaining 24 MOTION for Reimbursement filed by William I. Hardin; U of L is entitled to payment of $20,425.27 from the Ct registry; all remaining funds are ordered paid directly to William Hardin; this is a final and appealable Counsel; Finance Department(SDB)

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American General Life and Accident Insurance Co. v. Hardin et al Doc. 27 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE CIVIL ACTION NO. 3:04CV-608-H AMERICAN GENERAL LIFE AND ACCIDENT INSURANCE CO. V. WILLIAM I. HARDIN, et al. DEFENDANT S MEMORANDUM OPINION AND ORDER This is an interpleader action filed by American General Life and Accident Insurance Co. ("American General") to determine the legal entitlement to the proceeds of a family cancer expense plan issued to William I. Hardin ("Hardin"). Hardin received treatment for cancer and American General has deposited $33,113.63 in the Court registry for payment of expenses. All potential claimants have been notified. The Court allowed American General attorney's fees in the amount of $2,884.68 and payment to the State of Indiana in the amount of $5,187.47. The University of Louisville Hospital ("U of L") has made a claim for $20,425.27. The Court has received no other claims. Hardin objects to U of L's claim on the grounds that its assignment was invalid and its claim is late. However, the assignment is valid, the claim is appropriate and the timeliness not a disqualifying factor. U of L is entitled to reimbursement from the insurance proceeds. Being otherwise sufficiently advised, PLAINTIFF IT IS HEREBY ORDERED that U of L is entitled to payment in the amount of $20,425.27 from the Court registry. IT IS FURTHER ORDERED that all remaining funds be paid directly to William L. Hardin. This is a final and appealable order. March 15, 2006 cc: Counsel of Record William I. Hardin, Defendant 2

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