DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
MIDLAND NATIONAL LIFE INSURANCE 5
COMPANY,
5
5
1:09-cv-8
Plaintiff,
5
v.
5
5
CINDEE SHERIDAN, O.R.S., a minor, A.K.S, 5
a minor, T.J.S., a minor, A.E.S., a minor,
5
5
Defendants, 5
__________________________________________5
TO:
Yolan Brow Ross, Esq.
Martial A. Webster, Sr., Esq.
Edward L. Barry, Esq.
FINAL DECREE OF INTERPLEADER
THIS MATTER is before the Court upon Plaintiff’s Motion For the Entry of a Final
Decree of Interpleader (Docket No. 16).  Defendant A.E.S. filed a response to said motion,
and Plaintiff filed a reply thereto.
Being advised in the premises and upon due consideration thereof,
THE COURT FINDS AS FOLLOWS:
1.
Midland National is an Iowa corporation and has its principal place of
business in South Dakota.
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Midland Nat’l Life Ins. Co.
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Final Decree of Interpleader
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2.
Midland National heretofore issued its life insurance Policy No. 1502327672
insuring Edgar Sheridan, Jr. (“Insured”), in the face amount of $150,000 and
with a Policy Date of September 23, 1999 (“Policy”).
3.
Subsequent to the Insured’s death, Midland National was put on notice of
adverse and conflicting claims to the Policy proceeds that became due and
payable from Midland National upon the death of the Insured, and Midland
National was therefore unable to discharge its admitted liability for the life
insurance proceeds under the Policy on account of the death of Edgar
Sheridan, Jr., without exposing itself to multiple litigation, liability, or both.
4.
Midland National filed this interpleader action to avoid multiple liability or
litigation or both and is entitled to interpleader relief as requested in its
motion for the entry of this Final Decree of Interpleader.
5.
The full and total liability of Midland National under the Policy and on
account of the death of the Insured for insurance proceeds and interest is
$150,000 plus all applicable accrued interest, which sum Midland National
is prepared to deposit with the Clerk of this Court to abide the further order
of this Court.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
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1.
This Court has personal jurisdiction of the parties to this interpleader action,
namely Cindee Sheridan, O.R.S., A.K.S., T.J.S., and A.E.S. all of whom have
appeared by counsel, has subject matter jurisdiction over this lawsuit, and
venue is proper in this Court.
2.
Midland National is ordered to deposit its total admitted liability of $150,000
plus all applicable accrued interest with the Clerk of this Court.
3.
Upon depositing its admitted liability, Midland National will have
discharged its full and total liability under Policy No. 1502327672 payable on
account of the death of Edgar Sheridan, Jr., and shall have no further liability
to the defendants, and each of them, and each and any person or entity
claiming through or for the benefit of the defendants, or any of them, arising
under the policy on account of the death of Edgar Sheridan, Jr.
4.
The defendants, Cindee Sheridan, O.R.S., A.K.S., T.J.S., and A.E.S., and each
of them, and any person or entity claiming through or for the benefit of them,
are permanently and perpetually restrained and enjoined from commencing
or prosecuting any proceeding or claim against Midland National in any
state or federal court or any other forum with respect to the insurance
proceeds payable under the Policy No. 1502327672 and on account of the
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death of Edgar Sheridan, Jr., and this injunction issues without bond or
surety.
5.
Midland National is excused from further attendance upon this cause and the
adverse claimants shall litigate their claims to the deposited insurance
proceeds which are the subject of this lawsuit without further involving
Midland National.
6.
This decree is a final judgment and this Court expressly finds and determines
that there is no just reason to delay enforcement of this order.
ENTER:
Dated: December 11, 2009
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
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