Guinn v Transamerica Corporation

Filing 35

CONSENT ORDER FOR DISBURSEMENT OF FUNDS AND DISMISSAL OF ALL CLAIMS WITH PREJUDICE. Signed by the Honorable R. Bryan Harwell on 1/17/2017. (hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Larry Anthony Guinn,
Plaintiff,
vs.
Transamerica Premier Life Insurance
Company,
Defendant.
and
Transamerica Premier Life Insurance
Company,
Third-Party Plaintiff,
vs.
Margaret Ann Rhodes,
Third-Party Defendant.

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Civil Action No. 4:16-cv-01123-RBH

CONSENT ORDER FOR
DISBURSEMENT OF FUNDS
AND DISMISSAL OF ALL
CLAIMS WITH PREJUDICE

BEFORE THE COURT is the request of the Defendant/Third-Party Plaintiff,
Transamerica Premier Life Insurance Company (“Transamerica”), with the consent of Plaintiff
Larry Anthony Guinn and Third-Party Defendant Margaret Ann Rhodes, to: (a) allow
Transamerica to pay the proceeds of the subject life insurance policy to the interested parties; (b)
discharge Transamerica from further liability relating to the subject life insurance policy; (c)
enjoin Plaintiff Larry Anthony Guinn and Third-Party Defendant Margaret Ann Rhodes from
pursuing legal action in the future against Transamerica relating to the subject life insurance

policy; and (d) dismiss all claims, counterclaims, third-party claims, and crossclaims, with
prejudice.
THE RECORD REFLECTS the following facts pertinent to the Order requested by
Transamerica:
1.

On May 26, 1982, a predecessor to Transamerica issued a life insurance policy

bearing Policy No. xxxxx0221 with a face amount of FIFTY THOUSAND AND NO/100S
($50,000.00) Dollars on the life of Larry P. Guinn (“the Policy”).
2.

Transamerica received an executed change of beneficiary form dated June 22,

2007 naming Margaret Ann Rhodes as the irrevocable primary beneficiary of the death benefit
for the Policy.
3.

Transamerica received an executed change of beneficiary from dated October 14,

2011 naming Larry Anthony Guinn as the primary beneficiary of the death benefit for the Policy.
4.

Larry P. Guinn died on May 22, 2014.

5.

After the death of the Insured, both Larry Anthony Guinn and Margaret Ann

Rhodes made claims for the death benefit under the Policy.
6.

On March 10, 2016, Larry Anthony Guinn commenced the above-captioned

action asserting various claims relating to the Policy.
7.

Due to the competing claims, on July 18, 2016 Transamerica filed a counterclaim

and third-party claim for interpleader because it was in doubt as to which party is entitled to
payment of the proceeds of the Policy, and Transamerica is or may be exposed to multiple or
inconsistent liability and obligations under the Policy.

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8.

Plaintiff Larry Anthony Guinn and Third-Party Defendant Margaret Ann Rhodes

both appeared and asserted their positions in the instant lawsuit and have agreed to the Court’s
exercise of in personam jurisdiction.
THE COURT FINDS that it has jurisdiction over both the subject matter and the parties.
The Court also finds that all parties with a potential interest in the insurance proceeds payable
under the Policy have been named and properly joined as parties.
THE COURT IS FURTHER INFORMED that counsel of record agree that Transamerica
should be awarded the sum of SEVEN THOUSAND FIVE HUNDRED AND NO/100S
($7,500.00) DOLLARS for its attorneys’ fees and costs incurred in asserting and litigating its
interpleader claim. The Court finds that this sum is reasonable and may be withheld from the
funds that Transamerica is currently holding and seeks to distribute to the parties.
NOW, THEREFORE, the Court hereby orders the following:
1.

Transamerica is hereby awarded and may withhold from the policy proceeds

attorneys’ fees and costs in the amount of SEVEN THOUSAND FIVE HUNDRED AND
NO/100S ($7,500.00) DOLLARS.
2.

After deducting its attorneys’ fees and costs of SEVEN THOUSAND FIVE

HUNDRED AND NO/100S ($7,500.00) DOLLARS, Transamerica shall pay to Larry Anthony
Guinn thirty-five percent (35%) of the remaining funds and shall pay to Margaret Ann Rhodes
sixty-five percent (65%) of the remaining funds.

The payment to each party shall be in

accordance with the instructions from their respective counsel. These payments shall occur
within thirty (30) days of the entry of this Order. If no instructions are provided for payment,
Transamerica shall make payment to the respective law firms for the attorneys representing
Larry Anthony Guinn and Margaret Ann Rhodes.

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3.

Transamerica is hereby discharged from any further liability or obligation under

the life insurance policy on the life of Larry P. Guinn.
4.

Larry Anthony Guinn and Margaret Ann Rhodes are enjoined and restrained from

instituting any action against Transamerica or from continuing to pursue any existing efforts or
action against Transamerica for the recovery of any proceeds related to the life insurance policy
on the life of Larry P. Guinn.
5.

This action and all claims, counterclaims, crossclaims, and third-party claims are

hereby dismissed with prejudice.
IT IS SO ORDERED.

s/R. Bryan Harwell
The Honorable R. Bryan Harwell
United States District Court Judge

Dated: January 17, 2017
Florence, South Carolina

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