New Bankruptcy Opinion: FEDERATED LIFE INSURANCE COMPANY v. Fifth Third Bank – Dist. Court, MD Florida, 2015

FEDERATED LIFE INSURANCE COMPANY, Interpleader plaintiff,

v.

FIFTH THIRD BANK, ROBERT E. TARDIF, as Trustee of the Bankruptcy Estate of Randy Mural Long, FLORIDA PETROLEUM COMPANY LLC, EVANS ENERGY PARTNERS LLC, KC TRANSPORTATION LLC, E2 REAL ESTATE LLC, and EVANS OKEECHOBEE LLC, Defendants.

Case No. 2:14-cv-568-FtM-38CM.

United States District Court, M.D. Florida, Fort Myers Division.

February 16, 2015.

ORDER [1]

SHERI POLSTER CHAPPELL, District Judge.

This matter is before the Court on Interpleader Plaintiff Federated Life Insurance Company’s Notice of Depositing Life Insurance Policy Proceeds Into the Registry of the Court filed on January 28, 2014. (Doc. #39)

Federated Life filed this statutory interpleader action on September 30, 2014, to resolve potential competing claims to two life insurance policies (the “Policies”) that insured the life of decedent Randy Mural Long. (Doc. #1; Doc. #20). According to Federated Life, Defendants Robert E. Tardif, as trustee of the Bankruptcy Estate of Randy Mural Long, Fifth Third Bank, Florida Petroleum, LLC, Evans Energy Partners, LLC, KC Transportation, LLC, E2 Real Estate LLC, and Evans Okeechobee, LLC, all have a potential interest in the proceeds of the Policies. (Doc. #20 at ¶ 32). Federated Life is uncertain as to whom it should pay the proceeds of the Policies and is concerned about the potential for exposure of multiple liability.

On December 3, 2014, Federated Life filed a Motion to Deposit Insurance Policy Proceeds and For Discharge, which Defendants did not opposed. (Doc. #24). The Court found interpleader to be appropriate and directed Federated Life to deposit the proceeds of the Policies, plus accrued applicable interest, into the Court’s Registry. (Doc. #35 at 5, 7). The Court stated it would discharge Federated Life from this action upon receiving Federated Life’s deposit. (Id. at 5).

In accordance with the Court’s Order, Federated Life timely deposited the proceeds of the Policies, plus applicable interest, into the Court’s Registry. (Doc. #37; Doc. #38; Doc. #39). Since that time, however, the Court entered a Clerk’s Default against Defendant Robert E. Tardif, as Trustee for the Bankruptcy Estate of Randy Mural Long. (Doc. #48; Doc. #32). As a result, the Court will take Federated Life’s deposit under advisement and discharge it from this action only after the matter of a default judgment against Defendant Robert E. Tardif has been resolved.

Accordingly, it is now

ORDERED:

The Court DENIES without prejudice Interpleader Plaintiff Federated Life Insurance Company’s request to be dismissed with prejudice from the above-captioned case and discharged from further liability with respect to the subject Policies. (Doc. #39). Federated Life may file a renewed motion within fourteen (14) days of the Court resolving any motion for a final default judgment against Defendant Robert E. Tardif, as Trustee for the Bankruptcy Estate of Randy Mural Long.

DONE and ORDERED.

[1] Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or Web sites. These hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By allowing hyperlinks to other Web sites, this Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their Web sites. Likewise, the Court has no agreements with any of these third parties or their Web sites. The Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court.

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