The Northwestern Mutual Life Insurance Company v. Young et al

Filing 19

ORDER granting 14 Motion for Interpleader Disbursement (28 U.S.C. Section 1335) ; granting 17 Motion to Dismiss. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

THE NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY,
Case No. 16-14471

Plaintiff/Stakeholder,

Honorable John Corbett O’Meara

v.
FREDERICK KYLE YOUNG, et al.,
Defendants/Claimants.
/

ORDER GRANTING MOTION FOR INTERPLEADER DISBURSEMENT
AND GRANTING MOTION FOR DISMISSAL AND DISCHARGE
This matter came before the court on defendants/claimants Precious Davis,
A’Joyiah Davis and Ebony Thompson’s May 25, 2017 Motion for Interpleader
Disbursement and plaintiff The Northwestern Mutual Life Insurance Company’s June
13, 2017 Motion for Dismissal and Discharge. No responses were filed, and no oral
argument was heard.
Decedent Desanee L. Young was issued a $500,000 life insurance policy by
plaintiff Northwestern Mutual effective June 6, 2006. She died as a result of
homicide June 2, 2014. Rival claims exist as to which defendants are rightfully
entitled to the proceeds under the policy.

Northwestern Mutual filed this

interpleader action December 27, 2016. The claimants are Frederick Kyle Young,

A’Joyiah Davis, Precious Davis, and Ebony Thomason, personal representative of the
estate of Decedent. United Memorial Funeral Home has asserted a lien against the
proceeds. Only Precious and A’Joyiah Davis and Ebony Thomason have filed an
appearance and answer in this matter.
Northwestern Mutual deposited the proceeds of the policy and interest, totaling
$501,368.88, into the court’s registry February 22, 2017. Having deposited the
proceeds, the insurance company has satisfied its obligation under the policy and is
entitled to dismissal. In addition, an interpleader party is entitled to recover costs and
attorney fees when it is a disinterested stakeholder who has conceded liability, has
deposited funds into the court account, and has sought discharge from liability. See
First Trust Corp. v. Bryant, 410 F.3d 842, 856 (6th Cir. 2005).
In this case Northwestern Mutual seeks $4,907.50 for filing and prosecuting this
action and asks that the amount be paid from the proceeds that have been deposited
with the court. Claimants have not objected to that award. Therefore, the court will
grant Northwestern Mutual’s motion for dismissal and discharge in its entirety,
including direct payment to it from the proceeds deposited with the court.
Claimants Precious and A’Joyiah Davis and Ebony Thomason seek an order
releasing the remaining funds to them. Claimant Frederick Kyle Young was convicted
of first degree murder by a jury in Wayne County Circuit Court and sentenced to life
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in prison without the possibility of parole for killing Desanee Young. The conviction
was subsequently upheld by the Michigan Court of Appeals.
Pursuant to Mich. Comp. Laws Ann. § 700.2803(1), a named life insurance
policy beneficiary who feloniously and intentionally kills the decedent forfeits all
claims to benefits resulting from the death. Therefore, Frederick Kyle Young is not
entitled to any proceeds from decedent Desanee Young’s policy; and the court will
grant the remaining claimants’ motion for disbursement.
ORDER
It is hereby ORDERED that plaintiff Northwestern Mutual Life Insurance
Company’s June 13, 2017 Motion for Dismissal and Discharge is GRANTED in its
entirety.
It is further ORDERED that defendants/claimants Precious Davis, A’Joyiah
Davis and Ebony Thomason’s May 25, 2017 Motion for Interpleader Disbursement
is GRANTED.

s/John Corbett O'Meara
United States District Judge

Date: July 12, 2017

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I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, July 12, 2017, using the ECF system and/or ordinary
mail.

s/William Barkholz
Case Manager

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