Southern Farm Bureau Life Ins. Co. v. Davi

2010 WL 1255024 (W.D. La 2010)

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Nature of the Case

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Facts

Farm Bureau, (P) filed this interpleader action naming as defendant, D, and the unopened succession of her husband, Mr. Davis. At issue is a life insurance policy with a face value of $95,000.00 insuring the life of Mr. Davis. D, the named beneficiary of the policy, has been arrested and charged with killing Mr. Davis. Under Louisiana law, a beneficiary of the life insurance policy cannot recover proceeds if she is deemed to have been criminally responsible for the death of the insured. If a primary beneficiary is disqualified to receive the benefits of the policy, and there is no contingent beneficiary, the life insurance proceeds are to be paid to the estate of the insured. P asserts that pursuant to §1335, there must be complete diversity between the defendant claimants, not between the stakeholder (P) and the defendants. P asserts that the original complaint set forth, although, it did not specifically plead, general diversity jurisdiction as the basis for jurisdiction, as there was diversity between P and Ds, and an excess of $ 75,000 in controversy. D moved to dismiss.