New York Life Insurance Company v. Aiello et al

Filing 16

ORDER granting 15 Motion for Interpleader Deposit with State Court (28 U.S.C. Section 1335) in the amount of $100,000; and dismissing the Plaintiff and this action with prejudice. Signed by Honorable J Michelle Childs on 8/16/2018.(asni, ) (Main Document 16 replaced on 8/16/2018) (asni, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
New York Life Insurance Company,
Plaintiff,
v.
Michelle Aiello, as Personal
Representative of the Estate of Carolyn
Taurino, and Robert Allen Hypes,

Defendants.

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Civil Action No.: 0:18-cv-01528-JMC

ORDER

This matter comes before the court upon the parties’ Joint Motion to Deposit Interpleader
Funds with State Court and Dismiss Plaintiff with Prejudice. (ECF No. 15.)
Upon good cause shown, and with the consent of all parties, it is hereby ORDERED,
ADJUDGED, AND DECREED as follows:
1. New York Life Insurance Company is directed to deposit $100,000, plus any applicable
claim interest payable under an individual life insurance policy issued by New York Life
Insurance Company, with the Clerk of the South Carolina Court of Common Pleas for the
County of Lancaster, Sixth Judicial Circuit, in connection with the related action Michelle
Aiello, as Personal Representative of the Estate of Carolyn Taurino vs. Robert Allen Hypes,
a Person Presently Incarcerated or Detained in a Mental Facility, Case No. 2017-CP-2900818, which is payable as a result of the death of Carolyn Taurino and is in connection
with individual life insurance certificate number A2677365;
2. New York Life Insurance Company, along with its present and former parents,
subsidiaries and affiliated corporations, predecessors, successors and assigns, and their
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respective officers, directors, agents, employees, and representatives, is discharged of all
liability in connection with the Death Benefit and/or Group Policy and/or the Policy;
3. This action is dismissed, with prejudice, and without further costs to any party.
IT IS SO ORDERED.

United States District Judge
August 16, 2018
Columbia, South Carolina

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