Interpleader Lawsuits

A life insurance interpleader lawsuit is a lawsuit typically filed by a life insurance company when there are competing life insurance claims made against the same life insurance policy. The interpleader lawsuit often lays out the fact that more than one claim was made against the policy, or that the life insurance company believes that there is a potential for more than one claim against the same policy. It is a tool the life insurance company may use so they don’t have to pay out twice. They don’t want to risk paying out to the claimant they think is the right one, but then get sued by the other and find out that they were the correct beneficiary under the law. Rather than pay out twice, the life insurance company files an interpleader.

When a life insurance company files an interpleader action, they ask the Court to allow it to deposit the life insurance benefits into the Court’s registry, like a bank account, for safe keeping. They effectively admit that they owe the money, but they just are not 100% sure who is legally entitled to the benefits.

A life insurance interpleader lawsuit filed in state court is governed in part by the Florida Rules of Civil Procedure Rule 1.240. Rule 1.240 states:

Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claim of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that the plaintiff is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of crossclaim or counterclaim. The provisions of this rule supplement and do not in any way limit the joinder of parties otherwise permitted.

The purpose of an interpleader filed in state court is to avoid double liability. The life insurance company does not want to pay out once and then be forced to collect the money back if they were wrong.

A Florida life insurance interpleader may be filed in any Florida circuit court. Each Florida County has a circuit court which could hear these types of cases. An interpleader is usually filed in a Florida state court when the amount in controversy is less than $75,000.00, or when the parties are all from Florida, though a lawsuit for policy benefits far greater than $75,000.00 may also be filed in a Florida state court.

When a life insurance interpleader is lawsuit filed in federal court in Florida, it is governed in part by the Federal Rule of Civil Procedure Rule 22. Rule 22 states:
(a) Grounds.

(1) By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. Joinder for interpleader is proper even though:

(A) the claims of the several claimants, or the titles on which their claims depend, lack a common origin or are adverse and independent rather than identical; or

(B) the plaintiff denies liability in whole or in part to any or all of the claimants.

(2) By a Defendant. A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim.

(b) Relation to Other Rules and Statutes. This rule supplements—and does not limit—the joinder of parties allowed by Rule 20. The remedy this rule provides is in addition to—and does not supersede or limit—the remedy provided by 28 U.S.C. §§1335, 1397, and 2361. An action under those statutes must be conducted under these rules.

The purpose of an interpleader filed in federal court is also to avoid double liability.

Our life insurance lawyers have handled interpleader lawsuits in many state and federal courts around the United States. Many life insurance companies use national lawyers to fight for their rights. You should consider a life insurance lawyer with experience fighting life insurance claims. Oftentimes, two or more people make a claim to the same life insurance policy or one person makes a claim and the life insurance company decides that the claimant is not the rightful beneficiary or there is a question of who the beneficiary is. When that happens, the life insurance company may choose to file a life insurance interpleader lawsuit in federal court or state court. Their hope is that they can give the money to the Court and let the parties fight over who gets what portion of the policy. Life insurance interpleader lawsuits can be very complex. Our life insurance lawyers can also act as co-counsel life insurance lawyers for lawyers around the United States who may need additional assistance to process the case. A life insurance interpleader often arises when a couple gets divorced and the ex-spouse makes a claim to a life insurance policy because they may still be listed even though the parties waived the right to each other’s policy during the divorce or the State had a revocation upon divorce life insurance statute which deemed the former spouse as deceased for life insurance purposes the moment the divorce was finalized. The life insurance lawyers at the Law Offices of Jason Turchin can review your claim to see if you might still be entitled to collect the benefits.