Case 5:13-cv-00567-IPJ Document 1
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FILED
2013 Mar-26 PM 04:32 U.S. DISTRICT COURT N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION PRIMERICA LIFE INSURANCE ) ) COMPANY, ) ) Plaintiff, ) ) ) v. ) ) FILLIS JERVONNE MCGHEE ) CIVIL ACTION NO. and the ESTATE OF ALONZO ) BERNARD MCGHEE ) ) (Deceased), ) ) Defendants. ) ) COMPLAINT IN INTERPLEADER COMES NOW Plaintiff, Primerica Life Insurance Company (Primerica), and petitions this Court to allow interpleader of the parties and claims alleged below under Rule 22 of the Federal Rules of Civil Procedure. In support thereof, Primerica states as follows: PARTIES 1. Primerica is a life insurance company incorporated in the
Commonwealth of Massachusetts with its principal place of business in the State of Georgia. Therefore, it is a citizen of both Massachusetts and Georgia within the meaning of 28 U.S.C. 1332(c).
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2.
Defendant Fillis Jervonne McGhee (Fillis McGhee) is over the age
of nineteen years and is a resident of Madison County, Alabama, whose last known address is 7098 Pale Dawn Place, Owens Cross Roads, Alabama 35763. She may be served at this address. 3. Through information and belief, an administration has been
established for the Defendant Estate of Alonzo Bernard McGhee (the Estate) in the Probate Court of Madison County, Alabama, Case No.: 58605. Mr. Arnold Rankin Sneed has been duly appointed as the Administrator of the Estate. Mr. Sneed can be served at 503 Voekel Road, Huntsville, Alabama 35811. At the time of his death, Alonzo Bernard McGhee (Mr. McGhee), was a resident of Madison County, Alabama. For the purpose of establishing diversity jurisdiction under 28 U.S.C. 1332, the Estate is a citizen of Alabama. See 28 U.S.C. 1332(c)(2) (the legal representative of the estate of a decedent shall be deemed to be a citizen only of the same State as the decedent). JURISDICTION AND VENUE 4. Jurisdiction in this Court is proper under 28 U.S.C. 1332 as the
amount in controversy exceeds $75,000 exclusive of interest and costs and there is complete diversity of citizenship between the stakeholder, Primerica, and the Defendants.
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5.
Venue in this Court is proper under 28 U.S.C. 1391 as a substantial
part of the events giving rise to this claim occurred within the Northern District of Alabama. FACTUAL ALLEGATIONS 6. On January 31, 2001, Mr. McGhee, as primary insured, applied to
Primerica for $300,000 in life insurance coverage on his own life. His wife at that time, Fillis McGhee was designated as the primary beneficiary. No contingent beneficiaries were named. Primerica issued policy number 0432648774 (the
Policy), with coverage as applied for. A true and correct copy of the Policy is attached hereto as Exhibit A. Later, on or about April 30, 2002, Mr. McGhee applied for an additional $132,000 in coverage in the form of a term rider to the Policy. Additionally, a spousal rider insuring Fillis McGhee in the amount of $326,000 was applied for and the Policy was amended pursuant to the April 30, 2002 application. 7. Mr. McGhee and Fillis McGhee were divorced on December 28,
2012, at which time a final decree of divorce a vinculo matrimonii was entered by the Circuit Court for Madison County, Alabama. On January 4, 2013, Mr.
McGhee was murdered in front of his home, having been shot multiple times through the back windshield of his car.
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8.
The City of Huntsville Police Department's investigation into Mr.
McGhee's murder is ongoing. 9. On information and belief, Defendant Fillis McGhee has not been
ruled out as a suspect in Mr. McGhees murder. 10. Defendant Fillis McGhee on or about January 15, 2013, submitted a
claim for the proceeds of the Policy. A true and correct copy of Fillis McGhees Claimant's Statement dated January 15, 2013, is attached hereto as Exhibit B. 11. Pursuant to Ala. Code 43-8-253(c) (1975) A named beneficiary of
a bond, life insurance policy, or other contractual arrangement who feloniously and intentionally kills the principal obligee or the person upon whose life the policy is issued is not entitled to any benefit under the bond, policy or other contractual arrangement, and it becomes payable as though the killer had predeceased the decedent. 12. Primerica is without knowledge or information sufficient to form a
belief as to whether the defendant Fillis McGhee is or is not guilty of feloniously and intentionally killing Mr. McGhee, the insured. If Defendant Fillis McGhee is not entitled to the Policy proceeds under Alabama law, the proceeds may be due to be paid to the insureds Estate for distribution to the heirs of the insured pursuant to the terms of the Policy. Specifically, the Policy provides that [p]roceeds [of
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the Policy] will be paid to the insured's estate if there is no living Beneficiary or Owner. (See Policy, Ex. A, p. 5). 13. Under Section 43-8-253(c), an insurer that has paid the proceeds of a
policy to a beneficiary who had feloniously and intentionally killed the insured may still be liable to pay the proceeds as though the beneficiary had predeceased the insured. Alfa Life Insurance Corporation v. Culverhouse, 729 So. 2d 325 (Ala. 1999). Primerica is in a position of a stakeholder with respect to the
insurance proceeds. Because Primerica may be exposed to double or multiple liability, interpleader under Rule 22 of the Federal Rules of Civil Procedure is appropriate. 14. Primerica fully admits liability with respect to the Policy proceeds in
the sum of $432,000, plus applicable interest, if any. Primerica has tendered a check in this amount to the Clerk of United States District Court for the Northern District of Alabama and requests that the Clerk deposit said check into its registry until the proper beneficiary or beneficiaries of the Policy proceeds is determined. 15. Primerica has been forced to incur costs and fees to interplead the
proceeds of the Policy through no fault of its own. 16. Primerica is entitled to an order discharging it from liability as to the
claims made (or to be made) against it by Defendants. WHEREFORE, premises considered, Primerica respectfully prays:
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(a)
Defendant Fillis Jervonne McGhee be ordered to appear and
answer and assert whatever claims she may have to the Policy proceeds referenced above; (b) Mr. Arnold Rankin Sneed as the duly appointed administrator
for the Defendant Estate of Alonzo Bernard McGhee, be ordered to appear and answer and assert whatever claims the Estate may have to the Policy proceeds referenced above; (c) This Court make such judgment as is necessary to determine
who is properly entitled to the Policy proceeds and direct the Clerk to release the proceeds in accordance with said judgment; (d) This Court enjoin Fillis Jervonne McGhee and the Estate of
Alonzo Bernard McGhee, their agents, attorneys, assigns, representatives, heirs, executors, and all persons claiming a right to the Policy proceeds through them, from filing or pursuing any action in any jurisdiction for recovery of the proceeds; (e) Upon final hearing of this interpleader, this Court permanently
enjoin Fillis Jervonne McGhee and the Estate of Alonzo Bernard McGhee, their agents, attorneys, assigns, representatives, heirs, executors, and all persons claiming a right to the proceeds of the Policy through them, from filing or pursuing any action in any jurisdiction against Primerica and/or its agents relating to the Policy or for recovery of the proceeds under the Policy;
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(f)
This Court dismiss Primerica as a party and discharge it from
all further liability to any claimants to the Policy proceeds relating to the death of the insured; (g) Primerica be allowed to recover its costs and fees incurred by
interpleading this matter; (h) This Court grant any additional relief that is just and proper
given these premises. Respectfully submitted: /s/ Anthony C. Harlow Anthony C. Harlow ASB-5692-W74A Justin H. Kelly ASB-6988-U84K Attorneys for Defendant PRIMERICA LIFE INSURANCE COMPANY OF COUNSEL: Anthony C. Harlow Justin H. Kelly BURR & FORMAN LLP 420 North 20th Street, Suite 3400 Birmingham, Alabama 35203 Telephone: (205) 251-3000 Facsimile: (205) 458-5100
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PLEASE SERVE DEFENDANTS BY CERTIFIED MAIL: Fillis Jervonne McGhee 7098 Pale Dawn Place Owens Cross Roads, Alabama 35763 Estate of Alonzo Bernard McGhee c/o Arnold Rankin Sneed, as Administrator 503 Voekel Road Huntsville, Alabama 35811.
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