TAMPA — An insurer is suing two Florida beneficiaries to seek interpleader.
Western-Southern Life Assurance Company filed a complaint in the U.S. District Court for the Middle District of Florida against Danielle Leigh Charette and Sean Hobart alleging that they failed to settle among themselves the rightful beneficiary.
According to the complaint, the plaintiff alleges that it issued an insurance policy to Robert Andrew Hobart, who died on July 28, 2014, but is now faced with a controversy between disputing beneficiaries on whether to award the plan's benefit to Hobart, the original beneficiary and son of decedent, or the assigned beneficiary,
Charette, according to an Absolute Assignment executed by the decedent on Nov. 25, 2014. The plaintiff is unclear who is the rightful beneficiary of the insurance policy with total amount of $475,000 or risk double liability.
The plaintiff holds Charette and Hobart responsible because the defendants allegedly caused confusion over the true and lawful beneficiary of the death benefit under the insurance policy as a result of the adverse claims made by both parties and caused to suffer the risk of multiple liability.
The plaintiff seeks court order to pay the entire proceeds of the policy in the amount of $475,000
to the clerk of court for funds to be deposited into an interest-bearing account until further orders, determine the rightful beneficiary, to be discharged from all further liability, attorneys' fees, costs and additional relief as is right and proper. They are represented by Jason R. Bushby of Bradley Arant Boult Cummings LLP in Birmingham, Alabama.
U.S. District Court for the Middle District of Florida Case number 16-cv-03300