ZURICH AMERICAN INSURANCE COMPANY v. CAMPBELL, CV416-034. (2016)
Court: District Court, S.D. Georgia
Number: infdco20160229c69
Visitors: 7
Filed: Feb. 29, 2016
Latest Update: Feb. 29, 2016
Summary: ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is Interpleader Plaintiff Zurich American Insurance Company's (`Zurich") Motion for Order Authorizing Payment Into the Registry of the Court. (Doc. 13.) Defendant Campbell alleged that he was injured by Savannah Motor's Inc., and Plaintiff—Savannah Motors, Inc.'s insurer—settled the claim for $25,000. Zurich now seeks permission to deposit into the Court's registry the funds payable under the policy. ( Id. at 1-2.) Liens in th
Summary: ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is Interpleader Plaintiff Zurich American Insurance Company's (`Zurich") Motion for Order Authorizing Payment Into the Registry of the Court. (Doc. 13.) Defendant Campbell alleged that he was injured by Savannah Motor's Inc., and Plaintiff—Savannah Motors, Inc.'s insurer—settled the claim for $25,000. Zurich now seeks permission to deposit into the Court's registry the funds payable under the policy. ( Id. at 1-2.) Liens in the..
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ORDER
WILLIAM T. MOORE, Jr., District Judge.
Before the Court is Interpleader Plaintiff Zurich American Insurance Company's (`Zurich") Motion for Order Authorizing Payment Into the Registry of the Court. (Doc. 13.) Defendant Campbell alleged that he was injured by Savannah Motor's Inc., and Plaintiff—Savannah Motors, Inc.'s insurer—settled the claim for $25,000. Zurich now seeks permission to deposit into the Court's registry the funds payable under the policy. (Id. at 1-2.) Liens in the amount of $71,925.01 have been asserted against the settlement proceeds including an attorney's lien, a federal tax lien, a Medicare lien, child support payments and other judgments. Because of these conflicting claims, Plaintiff is unable to determine to whom it should pay the settlement proceeds. For this reason and after careful consideration, the motion to deposit funds is GRANTED IN PART and DENIED IN PART.1 Accordingly, Zurich is DIRECTED, within ten days of the date of this order, to present a check payable to the Clerk of Court as a deposit into the registry of this Court. The check is to include, without any deduction for attorney's fees or costs, $25,000.00, which represents the entirety of the proceeds of the settlement, plus any appropriate interest. The Clerk of Court is DIRECTED to accept and receive the above funds into the registry of this Court for ultimate disposition only by order of this Court. Pursuant to Southern District of Georgia Local Rule 67.3, the Clerk of Court is DIRECTED to deduct a fee from the deposited funds in the amount of 10% of the income earned. This fee shall be collected at the time the Clerk of Court makes any distribution of funds pursuant to a valid order of this Court.
SO ORDERED.
FootNotes
1. Zurich also requested that the Court schedule a hearing after all Defendants to this case are served. (Doc. 13 at 2.) At this time, the request is DENIED. The Court will determine at a later date whether a hearing is necessary.
Source: Leagle