Primerica Life Insurance Company v. Purselley et al

MOTION for Summary Judgment

N.D. Tex.January 31, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION PRIMERICA LIFE INSURANCE § COMPANY, § § Plaintiff, § § v. § C.A. NO. 3:16-CV-455 § SHERRY PURSELLEY, SUSIE § THOMPSON, JOHN PURSELLEY, § HENSLEE PURSELLEY, AND LEE § PURSELLEY § DEFENDANT HENSLEE PURSELLEY AND LEE PURSELLEY’S MOTION FOR SUMMARY JUDGMENT Defendants HENSLEE PURSELLEY and LEE PURSELLEY (“Movants”) file this Motion for Summary Judgment per the agreement of the parties for resolution of this case on Cross-Motions for Summary Judgment, and as set forth in the Order Granting Agreed Motion to Reopen Case and Governing Briefing on Cross-Motion for Summary Judgment To Dispose of All Remaining Claims and Disburse Interpled Funds, dated January 25, 2017 (Document 22). SUMMARY 1. Movants, as named contingent beneficiaries, are entitled as a matter of law to recover their respective interests in the proceeds of the insurance policy on the life of their deceased father (“Decedent”), over the competing claim of Decedent’s ex-spouse, Sherry Purselley (“Sherry”), the named primary beneficiary. ______________________________________________________________________________ MOTION FOR SUMMARY JUDGMENT Page 1 Case 3:16-cv-00455-D Document 23 Filed 01/31/17 Page 1 of 3 PageID 99 2. Sherry was eliminated as the primary beneficiary of the policy proceeds upon her divorce from Decedent subsequent to her designation as primary beneficiary, and in the absence of any action to reinstate Sherry as primary beneficiary subsequent to the divorce. 3. Movants are entitled to Summary Judgment on their claim to the interpled funds. WHEREFORE PREMISES CONSIDERED Defendants Henslee Purselley and Lee Purselley pray that this Motion for Summary Judgment be in all things GRANTED and for such other and further relief to which Defendants may be justly entitled. Dated: January 31, 2017. Respectfully submitted, By: /s/ John M. Saltarelli John M. Saltarelli State Bar No. 17547775 jsaltarelli@rmemail.com Attorney-in-Charge ROSS & MATTHEWS, P.C. 3650 Lovell Avenue Fort Worth, Texas 76107 (817) 255-2000 (817) 255-2022 (Fax) ATTORNEYS FOR DEFENDANTS HENSLEE PURSELLEY AND LEE PURSELLEY ______________________________________________________________________________ MOTION FOR SUMMARY JUDGMENT Page 2 Case 3:16-cv-00455-D Document 23 Filed 01/31/17 Page 2 of 3 PageID 100 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Motion for Summary Judgment in the above-referenced matter has been served upon all parties registered to receive electronic service through the Court’s ECF notice system in the above case on January 31, 2017. /s/ John M. Saltarelli John M. Saltarelli CERTIFICATE OF CONFERENCE This is to certify that the parties have agreed to a disposition of all remaining claims and disbursement of interpled funds herein by the filing of Cross-Motions for Summary Judgment. /s/ John M. Saltarelli John M. Saltarelli ______________________________________________________________________________ MOTION FOR SUMMARY JUDGMENT Page 3 Case 3:16-cv-00455-D Document 23 Filed 01/31/17 Page 3 of 3 PageID 101 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION PRIMERICA LIFE INSURANCE § COMPANY, § § Plaintiff, § § v. § C.A. NO. 3:16-CV-455 § SHERRY PURSELLEY, SUSIE § THOMPSON, JOHN PURSELLEY, § HENSLEE PURSELLEY, AND LEE § PURSELLEY § FINAL SUMMARY JUDGMENT On this day the Court considered the Motion For Summary Judgment filed by Henslee Purselley and Lee Purselley, and considered the Motion For Summary Judgment filed by Sherry Purselley, in the above entitled and numbered cause. The court considered the Motions, the responses thereto, and the pleadings and papers on file, and finds that the following relief should be awarded. It is, therefore, ORDERED, that the Motion For Summary Judgment filed by Henslee Purselley and Lee Purselley be and hereby is in all things GRANTED. ORDERED, that the Motion For Summary Judgment filed by Sherry Purselley be and hereby is in all things DENIED It is further ORDERED that the proceeds of Prudential Life Insurance Policy Number 0420261903, having been previously deposited into the registry of the court, shall be payable to the ______________________________________________________________________________ FINAL SUMMARY JUDGMENT Page 1 Case 3:16-cv-00455-D Document 23-1 Filed 01/31/17 Page 1 of 2 PageID 102 contingent beneficiaries named in the Policy, namely Baron Purselley, Trustee for Bric Purselley, Susie Thompson and Buck Purselley. All relief requested in this case and not expressly granted is denied. This judgment finally disposes of all parties and claims and is appealable. Dated:____________________ __________________________________________ United State District Judge ______________________________________________________________________________ FINAL SUMMARY JUDGMENT Page 2 Case 3:16-cv-00455-D Document 23-1 Filed 01/31/17 Page 2 of 2 PageID 103