American Fidelity Assurance Company v. Myers, Savannah et al

Filing 55

ORDER granting 49 Motion for Entry of Judgment. Signed by Magistrate Judge Anita Marie Boor on 03/12/2025. (acd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

AMERICAN FIDELITY ASSURANCE
COMPANY,
Plaintiff,

OPINION and ORDER

v.
24-cv-246-amb
SAVANNAH MYERS, et al.,
Defendants.
Plaintiff American Fidelity Assurance Company (“American Fidelity”) moves
unopposed for a Final Judgment Order in Interpleader. Dkt. 49. Defendant Jorge HernandezBeltran and defendant Savannah Myers have filed separate letters stating no opposition.
Dkts. 52, 53. For the reasons stated in this opinion, the court GRANTS plaintiff’s motion.

BACKGROUND
On April 16, 2024, American Fidelity filed its complaint in interpleader under Fed. R.
Civ. P. 22, 28 U.S.C. § 1332, and the Employment Retirement Income Security Act of 1974
(“ERISA”), 29 U.S.C. §§ 1001-1461, to resolve competing claims to the proceeds of the
Renewable and Convertible Term Life Insurance Policy, Policy No. XXXXX9170, on the life
of Joshua Hernandez, with an Effective Date of November 1, 2023, a Benefit Amount of
$200,000.00, and an Accidental Death and Dismemberment Benefit Amount of $200,000.00
(the “Policy”). Dkt. 1.
On September 10, 2024, with leave of court, American Fidelity filed its Amended
Complaint in Interpleader (“Amended Complaint”) under Fed. R. Civ. P. 22, 28 U.S.C. § 1332,
and ERISA, 29 U.S.C. §§ 1001-1461 to resolve competing claims to the proceeds of the Policy.

Dkts. 20, 21. All defendants have filed their answers to the amended complaint. Dkts. 25, 27,
33. None of the defendants has filed a counterclaim against American Fidelity.
On September 27, 2024, with leave of court, American Family deposited its admitted
liability under the Policy, with applicable interest, in the amount of $426,922.74 (Receipt No.
3464), subject to this court’s further order as to whom among the defendants is entitled to
receive those proceeds.

ANALYSIS
Due to adverse and conflicting claims to the proceeds of the life insurance policy,
American Fidelity cannot make payment to any of the claimants under the Annuity Contract
without exposing itself to multiple litigation, liability, or both.
American Fidelity is entitled to final judgment in interpleader against all defendants in
this matter for the reasons set forth in its amended complaint in interpleader and in its motion
for final judgment order in interpleader. Therefore, American Fidelity Assurance Company is
permitted to include the complete policy number for Policy No. TYD179170 in its final
judgment order in interpleader, as included in the proposed final judgment order in
interpleader emailed to the court, and as allowed under Fed. R. Civ. P. 5.2 upon court order.
Judgment is entered in favor of American Fidelity Assurance Company on its amended
complaint in interpleader and this court expressly finds, pursuant to Fed. R. Civ. P. 54(b), that
there is no just reason for delaying either enforcement or appeal of this Order and that this
judgment is a final order.
American Fidelity Assurance Company has no further liability to defendants Savannah
Myers, Jorge Hernandez-Beltran, and Scott J. Curtis, as Special Administrator of the Estate of

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Joshua Hernandez, Deceased, or any of their heirs, successors, or representatives, or to any
person or entity claiming through them, for the policy proceeds payable under the terms of life
insurance Policy No. TYD179170, or on the account of the death of Joshua Hernandez.
American Fidelity Assurance Company has acted in good faith by interpleading the
policy proceeds of life insurance Policy No. TYD179170 and depositing its admitted liability
with the clerk of this court.
Finally, American Fidelity Assurance Company is excused and dismissed from further
attendance in this cause and the adverse claimants, Savannah Myers, Jorge Hernandez-Beltran,
and Scott J. Curtis, as Special Administrator of the Estate of Joshua Hernandez, Deceased, are
ordered to litigate their claims and contentions concerning the policy proceeds of life insurance
Policy No. TYD179170, without further involving American Fidelity Assurance Company.
It is so ORDERED.

Entered March 12, 2025.
BY THE COURT:
/s/
________________________________________
ANITA MARIE BOOR
Magistrate Judge

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