HENRY PITMAN, Magistrate Judge.
TO THE HONORABLE RICHARD J. SULLIVAN, United States District Judge,
Pursuant to the Federal Interpleader Act, 28 U.S.C. § 1335, and Fed.R.Civ.P. 22, Wilton Reassurance Life Company of New York ("Wilton") brought this interpleader action to resolve competing claims to the proceeds of a life insurance policy. On November 12, 2014, I issued a Report and Recommendation ("Report") recommending that all but $15,000 of the funds Wilton deposited with the Clerk of Court be disbursed among Walter F. Garbrecht, Jr., Joshua Rodriguez and Renee Maisano-Cuzzo as allocated in the Report and that, upon resolution of Wilton's motion for fees and costs, the remainder should be distributed as well (Docket Item 32). By an Order dated December 3, 2014, the Honorable Richard J. Sullivan, United States District Judge, adopted my Report and the funds were disbursed.
By notice of motion, dated July 1, 2014 (Docket Item 31), Wilton moves for a discharge of liability and an injunction pursuant to 28 U.S.C. § 2136 and an award of fees and costs from the remaining funds. For the reasons set forth below, I respectfully recommend that the motion be granted in part and denied in part.
The facts giving rise to this action are set forth in detail in my Report, familiarity with which is assumed. The facts relevant to the disposition of the present motion are set forth below.
In September 2000, North American Company for Life and Health Insurance of New York ("NANY") issued life insurance policy No. LN01015420, on the life of Donna A. Garbrecht (the "Insured") in the amount of $200,000 (Complaint, dated Aug. 7, 2013, (Docket Item 1) ("Compl.") ¶¶ 11-12). Wilton succeeded NANY as the insurer of the policy (Compl., ¶ 1).
The Insured died on December 27, 2012 (Compl., ¶ 35). Defendants Walter F. Garbrecht, Jr., minor D.G., Joshua Rodriguez, Renee Maisano-Cuzzo, Joyce Regina Maisano, Gail Dardano and Suzanne Schmidt submitted claims for benefits under the policy (Compl., ¶¶ 36-42). Wilton informed Maisano, Schmidt and Dardano that their claims were denied because they were not identified as beneficiaries of the policy; Wilton also requested that they withdraw their claims (Compl., ¶¶ 43-45). Each refused to withdraw her claim for benefits and stated her belief that the Insured intended her to be a beneficiary of the policy (Compl., ¶¶ 46-48). Garbrecht opposed Maisano's claim for benefits (Compl., ¶ 49). As a result of the conflicting claims, Wilton was unable to determine to whom the death benefits were owed (Compl., ¶ 53).
Wilton brought suit seeking a judgment (1) directing Wilton to deposit the death benefit and interest with the Clerk of Court, (2) directing defendants to interplead each other, (3) discharging Wilton from further liability and enjoining defendants from commencing any actions against it and (4) awarding Wilton fees and costs from the policy proceeds (Compl., at 9-10). Thereafter, Wilton properly served the summons, complaint, Rule 7.1 statement and exhibits on all Defendants.
Defendants Garbrecht, D.G. and Rodriguez answered and cross-claimed and Dardano answered (Docket Items 10 & 14). On January 31, 2014, Wilton deposited the death benefit and accumulated interest, totaling $205,547.04, with the Clerk of Court (Declaration of Jaime M. Merritt, dated July 1, 2014, ("Merritt Decl.") ¶ 22, annexed as Attachment 1 to Notice of Motion for Dismissal and Attorneys [
On December 3, 2014, the Honorable Richard J. Sullivan, United States District Judge, granted Garbrecht, D.G. and Rodriguez's motions for summary judgment against Dardano and for a default judgment against Maisano and Schmidt; the Clerk of Court was directed to maintain $15,000 in the Court's Registry, disbursing the remainder of the funds as follows: 62.5% to Garbrecht and 12.5% each to Garbrecht, on behalf of D.G., Rodriguez and Maisano-Cuzzo.
Pursuant to 28 U.S.C. § 2361, Wilton seeks (1) to enjoin the defendants and other prospective claimants from bringing suit against Wilton in any other court for this cause of action and (2) to be discharged from liability (Memorandum of Law in Support of Motion for Dismissal and for Attorneys [sic] Fees, dated July 1, 2014, ("Pl.'s Mem."), at 5, annexed as Attachment 22 to Pl.'s Notice).
28 U.S.C. § 2361. Injunctive relief in an interpleader action "prevents the multiplicity of actions and reduces the possibility of inconsistent determinations."
Wilton's request for an injunction is moot as there is no danger of overlapping or multiple suits. The beneficiaries of the policy have already been determined, and the doctrines of res judicata and collateral estoppel apply.
Thus, Wilton's request for injunctive relief should be denied.
In order to discharge Wilton's liability, the requirements of Section 1335 must be met. "There must be a fund greater than $500; adverse claimants of diverse citizenship; a deposit of the fund in court; and a disinterested stakeholder."
There is no dispute that those requirements have been met. The funds deposited with the Clerk of Court totaled $205,547.04 (Merritt Decl. ¶ 22). Defendants submitted competing claims, and both Dardano and Schmidt are citizens of Florida, while the remaining defendants are citizens of New York (Compl., ¶¶ 2-8). There is no indication that Wilton had an interest in the outcome.
Thus, Wilton should be discharged from any liability to any party in this action or arising out of any claim to proceeds of the policy.
From the remaining $15,000 in funds, Wilton seeks fees and costs incurred to date which total $11,599.90 as of April 1, 2014 (Merritt Decl. ¶¶ 31-33).
It is within "the sound discretion of the district court" to award reasonable attorneys' fees and costs to a disinterested stakeholder in an interpleader action.
However, "courts in this Circuit have typically declined to award insurance companies attorneys' fees and costs in interpleader actions."
Courts have denied expenses where the "action [was] not complex," the stakeholder "did not provide any unique services," and there were no "unique problems" that "exceeded the ordinary cost of doing business as an insurance company."
While Wilton argues that it made "efforts to serve foreign Interpleader Defendants[, Dardano and Schmidt,] in Florida," those expenses are not unique (Pl.'s Mem., at 5). Commencing an interpleader action requires the service of process, and it is not surprising that a policyholder may have potential beneficiaries who are citizens of different states.
In cases where fees have been awarded, the issues were significantly more complex.
Moreover, the cases Wilton cites do not support its request and are distinguishable (Pl.'s Mem., at 2-3). Wilton misstates the holding of
Wilton has not identified any unique expenses that exceed the ordinary cost of doing business. Thus, Wilton's motion for fees and costs should be denied.
For all of the foregoing reasons, Wilton's motion for discharge from liability is granted; Wilton's request for an injunction and for reimbursement of attorneys' fees and costs incurred in connection with this action is denied. The Clerk of The Court is directed to close Docket Item 31.
I further direct that the Clerk of Court pay the balance of the interest-bearing account in this matter, currently on deposit in the Court's Registry and constituting the unpaid policy proceeds and interest, as follows: (1) 62.5% to Walter F. Garbrecht, Jr., (2) 12.5% to Walter F. Garbrecht, Jr., on behalf of minor D.G., (3) 12.5% to Joshua Rodriguez and (4) 12.5% to Renee A. Maisano-Cuzzo.
SO ORDERED.