Nichols v. Unum Life Insurance Company of America

Full title: CRYSTAL L. NICHOLS, Plaintiff, vs. UNUM LIFE INSURANCE COMPANY OF AMERICA…

Court: United States District Court, N.D. California

Date published: Nov 12, 2003

Case No. C 03-00228 CRB (N.D. Cal. Nov. 12, 2003)

Opinion

Case No. C 03-00228 CRB

November 12, 2003

JUDGMENT

CHARLES BREYER, District Judge

It appearing to the satisfaction of the Court that complete diversity of citizenship exists in this action; that the action is governed by the Employee Retirement Income Security Act of 1974 ("ERISA"); that conflicting claims could have been made to the proceeds due and owing pursuant to Lawrence Nichols' death and coverage under the Group Accidental Death Policy No. GSR20716 ("Policy") issued to his former employer Maxxam, Inc. ("Proceeds"); that Defendant and Counterclaimant Unum Life Insurance Company of America ("Unum") has interpleaded the Proceeds; that Plaintiff and Counterdefendant Crystal L. Nichols is the named beneficiary in the Policy; that the above-entitled cause was resolved (1) through the parties' Stipulation to Discharge Unum from Action and Mutual Waiver of Costs and Fees, whereupon Crystal L. Nichols fully released Unum of and from any and all claims which she had, has or in the future may have against Unum arising out of or in any way related to the Proceeds and/or any of the facts set forth in this action with the exception of her claim for interest on the Proceeds; and (2) the Order of this Court dated October 10, 2003, granting in part Plaintiffs Motion for Summary Judgment finding that Crystal L. Nichols is entitled to prejudgment interest in the amount of $10,132.81;

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

1. That Plaintiff Crystal L. Nichols is entitled to the Proceeds that Defendant deposited with the Court in the amount of $132,704.00;;

2. That the clerk of the court pay to Plaintiff Crystal L. Nichols the amount of $132,704.00 from the amount heretofore deposited by defendant UNUM with the clerk of this court;

3. That Defendant, Unum Life Insurance Company of America, pay Plaintiff Crystal L. Nichols prejudgment interest in the amount of $10,132.81;

4. UNUM is hereby granted judgment in interpleader; and

5. Crystal L. Nichols and UNUM shall each bear their own attorney fees and costs incurred in connection with this action.