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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.

life insurance policy, multiple beneficiaries, interpleader action, registry of court, motion for summary judgment, motion to dismiss, negligence, duty of good faith and fair dealing, Texas Insurance Code Section 542, no liability defense

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