LEGAL OPINION: PAYMENT OF POLICY PROCEEDS
- Background and introduction for PAYMENT OF POLICY PROCEEDS
The case was instituted by the Plaintiff seeking orders to the effect that you and other Interpleader Defendants “be required to interplead and settle between themselves their rights to the Policy proceeds.”
The Executor of the Estate of David Wayne Duncan, Alan Vancleef, filed a response to the Interpleader Complaint in which he stated that the Estate of your late husband does not lay any claim to the subject proceeds, thus vindicating the position that you are legally entitled to the proceeds.
Subsequently, you filed a motion to compel the Plaintiff to you all policy proceeds accruing under the subject Insurance. As I understand it, the Plaintiff now proposes to file a stipulated motion and order, whose terms you do not oppose.
- Analysis
- What document(s) should you file in Court?
Depending on when the matter will come up for hearing, you could file a response to the Stipulated Motion. This response will affirm the terms of the Motion, urge the Court to grant the orders sought and direct payment without any further delays. I would advise that you do not file the Response before the Plaintiff has filed the stipulated motion. I am sending herewith a draft Response for you perusal and consideration.
- Whether the Stipulated Motion is appropriate
I have carefully reviewed the terms of the Stipulated Motion, which you signed and in my view, its terms are consistent with your interests and serve as a quick way of resolving the issues in this matter. I therefore have no reservation whatsoever.
- Whether a second Motion to compel is required?
Given that the proposed Stipulated Motion resulted from your earlier Motion to Compel, I think it is only fair and proper to let the Court grant the orders which have been sought in the Stipulated Motion (by consent) since that Motion does not, at this stage, require any responses. Therefore, do not file a second Motion as that could only delay the matter further and confuse the Judge.
The issues that you have (regarding delay in payment) will be sufficiently raised in the response I alluded to in 2.1 above.
- Conclusion and way forward
From the foregoing analysis, I advise that you file the Response immediately after the Plaintiff files the Stipulated Motion. I do not think that you would need to hire an attorney to accompany you to the hearing, unless you feel it is necessary.
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