Unicare Life & Health Insurance Company v. Autrey-Miller, et al
Filing
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MEMORANDUM OPINION Granting re 24 MOTION to Deposit Funds Release Funds and Order Signed by District Judge Sean F. Cox. (JMcC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Unicare Life & Health Insurance Company,
Plaintiff,
v.
Case No. 13-14122
Imelda Autrey-Miller, et al.,
Sean F. Cox
United States District Court Judge
Defendants.
________________________________/
MEMORANDUM OPINION
GRANTING AUTREY-MILLER’S MOTION TO RELEASE FUNDS
This is a life insurance interpleader action. The insured decedent, James Miller, died
from a gunshot wound to the back on October 23, 2012. The insurance company, Plaintiff
Unicare Life & Health Insurance Company (“Unicare”) filed this interpleader action to avoid
liability as to who is entitled to the life insurance proceeds, which total $110,000.
The decedent’s wife, Imelda Autrey-Miller, would be entitled to the life insurance
proceeds under normal circumstances and she has made claim for them to Unicare. But the
Amended Interpleader Complaint states that Autrey-Miller has not yet been ruled out as a
suspect in her husband’s murder. Unicare did not submit any documentation from law
enforcement that indicates that Autrey-Miller is a suspect in a criminal investigation. Michigan
law provides that a beneficiary of a will or other instrument cannot recover benefits if he or she
willfully brings about the death of the insured.
Unicare states that the life insurance certificates are silent on the circumstances where the
sole named beneficiary disclaims (or is treated as disclaiming) her interest in the proceeds. But
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Unicare believes the money would go to Autrey-Miller’s estate (i.e., her children) if she cannot
collect. Thus, the Amended Interpleader Complaint names as Defendants, in addition to AutreyMiller, the following persons who may be entitled to some portion of the proceeds: 1) Muqaribu
Aundunae Miles (“Miles”); 2) Damon Denard Hailey (“Hailey”); and 3) Toni Green (“Green”).
Unicare identified Miles, Hailey, and Green as Autrey-Miller’s natural or adopted children.
Unicare filed certificates of service indicating that Miles, Hailey, and Green were
properly served. None of them, however, have filed an answer or appearance in this action.
After serving all the named Defendants, Unicare filed a motion seeking to deposit the
insurance proceeds with the Court, less its costs and fees in bringing this case, get released from
liability and exit the case, and leaving the Court to determine who receives the proceeds. This
Court granted that motion. Thus, the funds have been deposited with the Court and Unicare has
been dismissed.
This Court ordered the parties to appear for a Status Conference in this matter on
September 16, 2014. The only party that appeared for that conference, however, was AutreyMiller. Her Counsel advised that he planned to file a motion requesting that the deposited funds
be released to Autrey-Miller.
On October 2, 2014, Counsel for Autrey-Miller filed a motion asking the Court to release
the deposited funds (the life insurance proceeds less attorney fees paid to Unicare) to his client.
In that motion, Autrey-Miller notes that under Mich. Comp. Laws § 500.4030 the settlement of a
life insurance policy “shall be made upon the receipt of proof of death, or not later than 2 months
after receipt of such proof.” The motion further asserts that there is no ongoing criminal
investigation identifying Autrey-Miller as a suspect in the decedent’s death.
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This Court scheduled the motion to be heard on November 20, 2014. Autrey-Miller was
the only party who appeared for the hearing.
This Court shall grant the motion and release the funds to Autrey-Miller, the only named
potential beneficiary who has filed an answer or appearance in this action.
“Interpleader proceedings are pragmatic in nature and should be resolved expeditiously.”
Michelman v. Lincoln Nat. Life Ins. Co., 685 F.3d 887, 898 (9th Cir. 2012).
The decedent in this case died on October 23, 2012. Autrey-Miller was named as the
sole beneficiary of the policies at issue. In filing this action, however, Unicare asserted that
Autrey-Miller “had not been ruled out” as a suspect in the decedent’s homicide. But Unicare did
not attach any documentation from law enforcement officials to support that assertion. In
addition, Autrey-Miller is the only named defendant in this action who has filed an answer and
appearance in this action. Finally, despite the passage of a significant period of time since the
decedent’s death, her Counsel represents to the Court that there is no criminal investigation that
identifies Autrey-Miller as a suspect in the homicide of the decedent. Under these
circumstances, the only person the Court could release the funds to is Autrey-Miller.
Accordingly, the Court hereby GRANTS the pending motion and shall issue an
appropriate order releasing the remaining funds to Autrey-Miller.
S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: November 21, 2014
I hereby certify that a copy of the foregoing document was served upon counsel of record on
November 21, 2014, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager
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