Union Security Insurance Company v. Maxey et al

MOTION for summary judgment

W.D. Mo.January 4, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION UNION SECURITY INSURANCE ) COMPANY, ) ) Plaintiff, ) Case No. 4:16-CV-00745 ) vs. ) ) MARGARET MAXEY ) ) and ) ) THERESA A. ROCHELEAU, ) ) Defendants. ) DEFENDANT THERESA ROCHELEAU’S MOTION FOR SUMMARY JUDGMENT Defendant Theresa Rocheleau, by and through her undersigned counsel, submit the following as her Motion for Summary Judgment regarding the remaining proceeds totaling $105,000.00 of the two life insurance policies which Plaintiff Union Security Insurance Company seeks to interplead in this matter. Ms. Rocheleau is the designated primary beneficiary for these two life insurance policies issued by Plaintiff to Edward Lee Chisolm, Jr., who passed away on August 17, 2015. Ms. Rocheleau is also the only defendant who has filed an answer to Plaintiff’s Complaint in Interpleader. 1 As more fully stated in Defendant Rocheleau’s Suggestions in Support of this Motion for Summary Judgment, the undisputed, material facts prove that Defendant Rocheleau is the Ms. Rocheleau has asserted a cross-claim for unjust enrichment against Ms. Maxey for1 the money she has already received from Plaintiff from the two life insurance policies, but the purpose of this motion for summary judgment is regarding only the remaining $105,000.00, which Plaintiff is seeking to interplead to the Court. Case 4:16-cv-00745-FJG Document 10 Filed 01/04/17 Page 1 of 2 primary beneficiary and the only beneficiary who is entitled to the remaining $105,000.00 from the two life insurance policies, which Plaintiff seeks to interplead in this action. Accordingly, pursuant to Rule 56(c) and the applicable law, the Court should grant Defendant Theresa Rocheleau’s motion for summary judgment and order that the remaining proceeds totaling $105,000.00, plus any accrued interest, be paid to Defendant Theresa Rocheleau. 2 Respectfully submitted, s/s Gary C. Haggerty Brancato Haggerty & Palmentere L.C. Gary C. Haggerty, Mo. Bar No. 42426 Frank A. Brancato, Mo. Bar No. 39113 2029 Burlington Street, Suite 100 North Kansas City, Missouri 64116 Telephone No.: (816) 471-1966 Facsimile No.: (816) 472-1966 Attorneys for Defendant Theresa A. Rocheleau CERTIFICATE OF SERVICE I, Gary C. Haggerty, state that on January 4, 2017, I electronically filed the foregoing which will send notification of that filing to counsel of record in this matter and a copy of the foregoing was sent via U.S. Mail, postage prepaid, to: Defendant Margaret Maxey at 8343 Colby Parkway #226, Urbandale, Iowa 50322 and 19135 U.S. Highway 19 N. Unit F14, Clearwater, FL 33764. /s/ Gary C. Haggerty Defendant Rocheleau understands that Plaintiff has asserted a claim for attorneys’ fees2 and costs relating to this interpleader action to be paid from the life insurance policies’ proceeds. Defendant Rocheleau’s motion for summary judgment is for the amount of such proceeds (plus accrued interest) minus what the Court determines the reasonable amount of Plaintiff’s attorneys fees and costs to be paid to Plaintiff. 2 Case 4:16-cv-00745-FJG Document 10 Filed 01/04/17 Page 2 of 2