Protective Life Ins. Co. v. Carlson

Full title: PROTECTIVE LIFE INSURANCE COMPANY, Plaintiff, v. ARIC MILES CARLSON, an…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Aug 3, 2011

Case No. 2:11-CV-00773-JAM-EFB (E.D. Cal. Aug. 3, 2011)

Opinion

Case No. 2:11-CV-00773-JAM-EFB

08-03-2011

PROTECTIVE LIFE INSURANCE COMPANY, Plaintiff, v. ARIC MILES CARLSON, an individual; RICHARD SVEN CARLSON, an individual, and DANIELLE WETZEL, an individual, Defendants. DANIELLE WETZEL, an individual Cross-Claimant, v. ARIC MILES CARLSON, an individual; RICHARD SVEN CARLSON, an individual, KIM BOUSSON, an individual, DAVID SIKES, an individual, ELENA KEATING, an individual, ANITA BRUSH, an individual, PROTECTIVE LIFE INSURANCE COMPANY, and DOES 1 through 50, inclusive, Cross-Defendants.

SEYFARTH SHAW LLP Peter E. Romo, Jr. (SBN 38925) Andrea K. Anapolsky (SBN 238297) Attorneys for Plaintiff/Cross-Defendant PROTECTIVE LIFE INSURANCE COMPANY

John A. Mendez

SEYFARTH SHAW LLP

Peter E. Romo, Jr. (SBN 38925)

Andrea K. Anapolsky (SBN 238297)

Attorneys for Plaintiff/Cross-Defendant

PROTECTIVE LIFE INSURANCE COMPANY

ORDER RE: DISCHARGE AND AWARD OF COSTS AND ATTORNEYS' FEES TO PLAINTIFF PROTECTIVE LIFE INSURANCE COMPANY

The Court, having considered the Stipulation to Discharge and Award of Costs and Attorneys' Fees, attached hereto as Exhibit A, in the above-captioned matter, as well as all the records and files herein, and good cause appearing therefore,

HEREBY ORDERS:

1. Protective Life Insurance Company ("Protective") is hereby discharged from any and all liability on or arising out of:

(a) life insurance policy no. FK3387616 (the "Policy") issued by Chase Insurance Life Company; and
(b) the rights and obligations of the parties to this action with respect to any and all proceeds under the Policy;

2. The Policy is void and of no further force and effect;
3. From the money that was deposited by Protective with the Clerk of this Court, Protective is awarded $5,142.50, which reflects all costs and reasonable attorney fees incurred in bringing and maintaining the present action; and
4. Defendants Aric Miles Carlson, Richard Sven Carlson and Danielle Wetzel are permanently enjoined from instituting or prosecuting any other actions against Protective regarding the Policy.

The Honorable John A. Mendez

U.S. District Court Judge