SOUTHERN FARM BUREAU LIFE INS. CO. V. DAVIS
2010 WL 1255024 (W.D. La 2010)
NATURE OF THE CASE: Davis (D) filed a motion to dismiss.
FACTS: Farm Bureau, (P) filed this interpleader action naming as defendant, D and the
unopened succession of her husband, Mr. Davis. At issue is a life insurance policy with a
face value of $95,000.00 insuring the life of Mr. Davis. D, the named beneficiary of the
policy, has been arrested and charged with killing Mr. Davis. Under Louisiana law, a
beneficiary of the life insurance policy cannot recover proceeds if she is deemed-to have
been criminally responsible for the death of the insured. If a primary beneficiary is
disqualified to receive the benefits of the policy and there is no contingent beneficiary,
the life insurance proceeds are to be paid to the estate of the insured. P asserts that
pursuant to 1335, there must be complete diversity between the defendant claimants, not
between the stake holder (P) and the defendants. P asserts that the original complaint set
forth, although, it did not specifically plead, general diversity jurisdiction as the basis
for jurisdiction, as there was diversity between P and Ds, and an excess of $ 75,000 in
controversy. D moved to dismiss.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment