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United of Omaha Life Insurance Co. v. Womack-Rodriguez

Court: WD Tx  05/15/2020  Life Insurer Not Entitled to Dismissal or Summary Judgment Despite Interpleading Funds

After finding that it had subject matter jurisdiction over the interpleader action, a Court of the Western District of Texas held that a life insurer that interpleaded life insurance proceeds into the registry of the court was not entitled to a grant of its motion to dismiss because the life insurer was not a disinterested stakeholder where attorney's fees for the insurer remained undetermined, and a motion for summary judgment also was not proper on the claimant's negligence and prompt payment counterclaims because such claims were plausible despite the insurer's interpleading of funds.

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