Minnesota Life Insurance Company v. Murphy et al

Filing 12

CONSENT ORDER Allowing Certain Payments To Lincoln Factoring, LLC And Forest Hill & Calvary Cemetery. Signed on 5/30/14 by Magistrate Judge John T. Maughmer. (Alexander, Pam)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
MINNESOTA LIFE INSURANCE
COMPANY,
Plaintiff,
vs.
SONJA A. MURPHY,
Defendants.

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Cause No. 4:14-cv-00352-JTM

CONSENT ORDER ALLOWING CERTAIN PAYMENTS TO
LINCOLN FACTORING, LLC AND FOREST HILL & CALVARY CEMETERY
With the consent of Plaintiff Minnesota Life Insurance Company (“Minnesota Life”)
and Defendants Sonja Murphy and Flay Bledsoe, IT IS HEREBY ORDERED:
1.

Minnesota Life’s Consent Motion for Order Allowing Certain Payments to

Lincoln Factoring, LLC and Forest Hill & Calvary Cemetery is hereby granted.
2.

This case involves a dispute over what party or parties are entitled to receive the

proceeds from two insurance policies issued by Minnesota Life: (1) approximately $107,520
under a group insurance policy issued on behalf of Deere and Company and subsidiaries under
plan sponsor number 33994-G (the “Basic Policy”); and (2) approximately $10,000 under a
group insurance policy issued on behalf of Deere and Company and subsidiaries under plan
sponsor number 34054-G (the “Optional Policy,” together with the Basic Policy, collectively,
the “Policies”).
3.

Defendant Sonja Murphy is the insured’s mother who is claiming entitlement to

all the proceeds owed under the Policies.
4.

Defendant Flay Bledsoe is the insured’s father who is claiming entitlement to all

the proceeds owed under the Policies.
5.

On February 13, 2014, Sonja Murphy purported to assign $11,834.53 of the Basic

Policy proceeds to Lawrence A. Jones & Sons who then purported to re-assign that amount to
Defendant Lincoln Factoring, LLC (“Lincoln Factoring”).
claims it is entitled to $11,834.53 of the Basic Policy proceeds.

As a result, Lincoln Factoring

6.

On February 17, 2014, Sonja Murphy purported to assign $5,485.00 of the Basic

Policy proceeds to Forest Hill & Calvary Cemetery (“Forest Hill & Calvary Cemetery”). As a
result, Forest Hill & Calvary Cemetery claims it is entitled to $5,485.00 of the Basic Policy
proceeds.
7.

To avoid the expense that would be involved in protracted litigation with Lincoln

Factoring and Forest Hill & Calvary Cemetery over the payment of their daughter’s funeral and
burial expenses, Sonja Murphy and Flay Bledsoe have directed and authorized Minnesota Life to
pay $11,834.53 out of the Basic Policy proceeds to Lincoln Factoring and $5,485 out of the
Basic Policy proceeds to Forest Hill & Calvary Cemetery to satisfy the assignments executed by
Sonja Murphy.
8.

Sonja Murphy and Flay Bledsoe have further agreed that by directing and

authorizing Minnesota Life to make these payments, Flay Bledsoe is not waiving any of his
claims to the Policy proceeds and that these payments will be deducted from the portion of the
Policy proceeds to which Sonja Murphy is entitled, if any.
9.

Based on this agreement, Minnesota Life is hereby ordered, directed, and

authorized to pay $11,834.53 out of the Basic Policy proceeds to Lincoln Factoring and $5,485
out of the Basic Policy proceeds to Forest Hill & Calvary Cemetery.
IT IS SO ORDERD ON THIS 30th DAY OF MAY, 2014.

/s/ John T. Maughmer
John T. Maughmer
United States Magistrate Judge

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