New York Life Insurance Company v. Powell et al

Filing 79

ORDER on STIPULATION 75 DISMISSING All Claims Against New York Life Insurance Company with Prejudice and Discharging Liability Regarding Payment or Distribution of Interpleaded Funds. Signed by Judge Ronald B. Leighton. (DN)

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THE HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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NEW YORK LIFE INSURANCE
COMPANY, a New York mutual insurance
company,

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Plaintiff-in Interpleader,
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v.
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MICHAEL CRAIG POWELL; ALINA
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DAWN POWELL; JOHN SAMUEL
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POWEL; JENNIFER RAE GRAVES;
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STEVEN CRAIG POWELL; TERRICA
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POWELL; CHARLES COX and JUDY COX )
as Special Administrators for the Estate of
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Susan Powell, an absentee person; SUSAN )
POWELL, or her successors in trust, as
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Trustee of the Joshua S. Powell and Susan M. )
Powell Revocable Trust, u/a/d February 4,
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2009, CHARLES F. COX; and JUDY COX, )
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Defendants-in-Interpleader.
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I.

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No. 12-CV-05184-RBL
STIPULATION AND ORDER
DISMISSING CLAIMS AGAINST
NEW YORK LIFE INSURANCE
COMPANY WITH PREJUDICE AND
DISCHARGING LIABILITY
REGARDING PAYMENT OR
DISTRIBUTION OF
INTERPLEADED FUNDS

STIPULATION

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This is a stipulation by and between plaintiff-in-interpleader New York Life Insurance

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Company (“New York Life”), defendant-in-interpleader Michael Powell and defendants-in-

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interpleader Charles Cox, Judy Cox and Charles and Judy Cox as Special Administrators for

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the Estate of Susan Powell (“Cox Defendants”) for the purpose of dismissing all claims with

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prejudice by Michael Powell and the Cox Defendants against New York Life related to benefits

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payable under two life insurance policies (numbers 48789237 and 48789198) and associated

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children’s term riders issued by New York Life to Joshua Powell and Susan Powell (“Insurance
STIPULATION AND ORDER DISMISSING CLAIMS AGAINST NEW
YORK LIFE INSURANCE COMPANY - 1
No. 12-CV-05184-RBL
021670.0087/5533778.1

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4100
SEATTLE, WASHINGTON 98101-2338
206.223.7000 FAX: [phone]

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Policies”), the disbursement of the interpleaded funds, or the handling of this claim.

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All known interested parties have been served with this interpleader action.

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Furthermore, New York Life has deposited the proceeds of the Insurance Policies, plus interest,

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with this Court for a determination of the rights as between the defendants-in-interpleader.

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New York Life makes no claim and has no interest in the deposited funds or the policy

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proceeds.

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Therefore, Michael Powell and the Cox Defendants stipulate and agree to dismiss with

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prejudice and without costs any claims and/or counterclaims against New York Life that were

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filed or that could have been filed including, but not limited to, any claim for breach of

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contract, bad faith, unfair or deceptive act or practice, unreasonable denial of a claim for

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payment of benefits, violation of the Consumer Protection Act, violation of the Insurance Fair

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Conduct Act, or negligence.

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Michael Powell and the Cox Defendants further stipulate and agree that New York Life

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and its affiliates and all of its present or former directors, officers, employees, agents and

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representatives shall be discharged from any liability relating to or arising out of or connected

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in any way with the Insurance Policies, including but not limited to, any benefit payable

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thereunder, the handling and investigation of this claim, New York Life’s internal policies and

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procedures for processing beneficiary change requests, or the disbursement of the interpleaded

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funds.

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Michael Powell and the Cox Defendants further stipulate and agree that they shall be

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enjoined from making any claim against New York Life and/or its affiliates and all of its

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present or former directors, officers, employees, agents and representatives with regard to any

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benefit payable under the Insurance Policies, or with regard to the disbursement of the

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interpleaded funds, or with regard to the handling or investigation of this claim, or with regard

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to New York Life’s internal policies and procedures for processing beneficiary change

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requests, including but not limited to, any claim for breach of contract, bad faith, unfair or

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deceptive act or practice, unreasonable denial of a claim for payment of benefits, violation of
STIPULATION AND ORDER DISMISSING CLAIMS AGAINST NEW
YORK LIFE INSURANCE COMPANY - 2
No. 12-CV-05184-RBL
021670.0087/5533778.1

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4100
SEATTLE, WASHINGTON 98101-2338
206.223.7000 FAX: [phone]

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the Consumer Protection Act, violation of the Insurance Fair Conduct Act, or negligence.
DATED: January 25, 2013
KRILICH, LA PORTE, WEST
& LOCKNER, P.S.

LANE POWELL PC

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By s/Tim D. Wackerbarth
By s/Thomas J. West
Thomas J. West, WSBA #5857
Tim D. Wackerbarth, WSBA No. 13673
Attorneys for Defendant Michael Powell
Joseph P. Corr, WSBA No. 36584
Attorneys for New York Life Insurance
Company

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FREY BUCK, P.S.

LAW OFFICES OF JAMES H. BUSH, PLLC

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By s/Anne M. Bremner
Anne M. Bremner, WSBA #13269
Attorneys for the Cox Defendants

By s/James H. Bush
James H. Bush, WSBA No. 8004
Attorney for Terrica Powell

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ASHBAUGH BEAL, LLP

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By s/Anne M. Bremner for
Richard T. Beal, Jr., WSBA #09203
Attorneys for the Cox Defendants

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II.

ORDER

The parties having agreed and stipulated as set forth above, and the Court being fully
informed in the premises, NOW, THEREFORE, IT IS HEREBY:

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ORDERED, that any and all claims and/or counterclaims that were, or could have, been

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filed by Michael Powell or the Cox Defendants against New York Life, including but not

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limited to, any claim for breach of contract, bad faith, unfair or deceptive act or practice,

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unreasonable denial of a claim for payment of benefits, violation of the Consumer Protection

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Act, violation of the Insurance Fair Conduct Act, or negligence are hereby dismissed with

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prejudice and without costs to any of the parties hereto;

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ORDERED, that New York Life and its affiliates and all of its present or former

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directors, officers, employees, agents and representatives are hereby discharged from all
STIPULATION AND ORDER DISMISSING CLAIMS AGAINST NEW
YORK LIFE INSURANCE COMPANY - 3
No. 12-CV-05184-RBL
021670.0087/5533778.1

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4100
SEATTLE, WASHINGTON 98101-2338
206.223.7000 FAX: [phone]

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liability relating to or arising out of or connected in any way with New York Life insurance

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policy numbers 48789237 and 48789198, including but not limited to, any benefit payable

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thereunder, the handling or investigation of this claim, New York Life’s internal policies and

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procedures for processing beneficiary change requests, or the disbursement of the interpleaded

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funds; and

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ORDERED, that Michael Powell and the Cox Defendants are hereby enjoined from

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making any claim against New York Life and its affiliates and all of their present or former

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directors, officers, employees, agents and representatives with regard to any benefit payable

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under New York Life insurance policy numbers 48789237 and 48789198, or with regard to the

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disbursement of the interpleaded funds, or with regard to the handling or investigation of this

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claim, or with regard to New York Life’s internal policies and procedures for processing

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beneficiary change requests, including but not limited to, any claim for breach of contract, bad

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faith, unfair or deceptive act or practice, unreasonable denial of a claim for payment of benefits,

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violation of the Consumer Protection Act, violation of the Insurance Fair Conduct Act, or

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negligence.

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DATED this 25th day of January, 2013.

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A

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Ronald B. Leighton
United States District Judge

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Presented by:
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LANE POWELL PC

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By s/Tim D. Wackerbarth
Tim D. Wackerbarth, WSBA No. 13673
Joseph P. Corr, WSBA No. 36584
Attorneys for Defendant New York Life
Insurance Company
STIPULATION AND ORDER DISMISSING CLAIMS AGAINST NEW
YORK LIFE INSURANCE COMPANY - 4
No. 12-CV-05184-RBL
021670.0087/5533778.1

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4100
SEATTLE, WASHINGTON 98101-2338
206.223.7000 FAX: [phone]