USAA Life Insurance Company v. Dorr et al

Filing 6

CONSENT ORDER OF DISMISSAL, RELEASE, AND DISTRIBUTION OF LIFE INSURANCE PROCEEDS; granting 5 Motion for Disbursement of Funds; granting 5 Motion to Dismiss Signed by Honorable J Michelle Childs on 10/19/2017.(asni, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
USAA Life Insurance Company,
Plaintiff,
v.
Tracy K. Dorr, Kellie K. Ergle, The
Estate of Udlee P. Cavenaugh, and
James C. Cavenaugh, Jr.,
Defendants.

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Case No. 1:17-cv-01900-JMC

CONSENT ORDER OF DISMISSAL,
RELEASE, AND DISTRIBUTION OF
LIFE INSURANCE PROCEEDS

WHEREAS:
1.

Decedent Udlee Cavenaugh was insured by a level term life insurance policy in the

amount of $100,000 under policy number G408328317 (“the Policy”).
2.

Kellie Ergle as the Personal Representative of the Estate of Udlee Cavenaugh,

James Cavenaugh, Tracy Dorr, and Kellie Ergle individually (the “Claimants”) have asserted
competing claims over the life insurance proceeds available under the Policy.
3.

Udlee Cavenaugh died on March 7, 2017. The only beneficiaries of the Estate of

Udlee Cavenaugh are Kellie Ergle and Tracy Dorr. James Cavenaugh has asserted a claim for a
spousal elective share with the Estate.
4.

The Claimants and USAA Life desire to resolve any and all disputes between them,

end this litigation, and foreclose any potential future litigation arising from the Policy.
5.

The Claimants, including the Estate of Udlee Cavenaugh, agree to release USAA

Life from any and all claims or liability arising from the Policy, agree not to file any additional
suits against USAA Life.

6.

The claimants also hereby release each other from any and all claims arising out of

or related to the Policy or its proceeds.
7.

Including interest, $100,964.00 is available under the Policy. After deduction of

$1,500 for its expenses in bringing this action, USAA Life agrees to make payments as follows:
(a)
(b)

8.

$11,750.00 to Lark Jones as attorney for James C. Cavenaugh; and
$87,714.00 to Allgood & Mehrhof as attorneys for Kellie Ergle and Tracy
Dorr.

All parties agree that the above-described payments fully satisfy all obligations due

under the Policy.
Therefore, the following is ORDERED:
A.

USAA Life shall make payments, within 30 days of this Order, as described in

paragraph 6, above.
B.

Upon payment of these amounts, USAA Life will have satisfied all obligations

under the Policy. All parties are enjoined from filing additional actions against USAA Life other
than to enforce the terms of this Order.
C.

This case is dismissed with prejudice, with each party to bear its own costs and

attorneys’ fees, except as provided above.

J. Michelle Childs
United States District Judge
October 19, 2017

USAA Life Insurance Company v. Tracy K. Dorr, Kellie K. Ergle, The Estate of Udlee P.
Cavenaugh, and James C. Cavenaugh, Jr.
Case No. 1:17-cv-01900-JMC
CONSENT ORDER OF DISMISSAL, RELEASE, AND DISTRIBUTION OF LIFE
INSURANCE PROCEEDS

WE SO MOVE AND CONSENT:

WE SO MOVE AND CONSENT:

s/ ROBERT W. WHELAN
Robert W. Whelan
Federal Bar No. 9242
Nelson Mullins Riley & Scarborough LLP
151 Meeting Street, Suite 600
Charleston, SC 29401
[phone]
[e-mail]

s/ RICHARD R. MEHRHOF, JR.
Richard R. Mehrhof, Jr.
Federal Bar No. 3362
Allgood & Mehrhof, P.C.
233-B Davis Road
Augusta, GA 30907
[phone]
[e-mail]

Counsel for Plaintiff

Counsel for Tracy K. Dorr, Kellie K. Ergle,
and The Estate of Udlee P. Cavenaugh

WE SO MOVE AND CONSENT:
s/ LARK W. JONES
Lark W. Jones
Federal Bar No. 2232
107 W. Pine Grove Avenue
North Augusta, SC 29841
[phone]
[e-mail]
Counsel for James C. Cavenaugh, Jr.