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Union Security Insurance Co. v. Boswell

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


September 15, 2010

UNION SECURITY INSURANCE COMPANY, A KANSAS CORPORATION, PLAINTIFF,
v.
MARK A. BOSWELL, AN INDIVIDUAL; HEATHER SCHAEFFER, AN INDIVIDUAL; CRYSTAL SCHAEFFER, AN INDIVIDUAL AND AS GUARDIAN OF JS; ASHLEY SCHAEFFER, AN INDIVIDUAL; KERRY SCHAEFFER, AN INDIVIDUAL; AND JS, A MINOR, BY AND THROUGH HIS GUARDIAN CRYSTAL SCHAEFFER, DEFENDANTS.

The opinion of the court was delivered by: Hon. Dolly M. Gee United States District Judge

ORDER PURSUANT TO STIPULATION RE: DISCHARGE AND DISMISSAL OF UNION SECURITY INSURANCE COMPANY AND PERMANENT INJUNCTION [29]

Pursuant to the parties' stipulation, IT IS HEREBY ORDERED:

1. That UNION SECURITY INSURANCE COMPANY ("USIC") be discharged from this action and released from further liability and responsibility to any and all of the Defendants named herein in relation to Policy number G4018394 (the "Policy") and/or any proceeds payable under the Policy;

2. Eighty Thousand Dollars ($80,000.00), plus applicable interest, represents the total and complete death benefit proceeds payable under the Policy, and constitutes all of the funds that are now due and owing under the terms of the Policy issued by USIC and insuring the life of the Insured.

3. The Complaint in Interpleader is properly before this Court and that it was brought and filed by USIC in good faith and without collusion with any of the Defendants.

4. USIC and its owners, shareholders, partners, officers, directors, employees, agents, general agents, legal representatives, predecessors, successors, assignees, parent corporations, subsidiaries, affiliates, attorneys, re-insurers, and insurers shall be, and hereby are, dismissed from this action with prejudice and forever discharge from any and all further liability of any kind to each of the Defendants in this action, and any other persons or entities whether claiming by, through, or under any said individuals, arising out of or in any way connected with the Policy, the Proceeds payable under the Policy, this interpleader action and/or the facts set forth therein.

5. That Defendants, and each of them, be permanently enjoined from instituting or prosecuting, or further asserting any claim, suit or proceeding or any action or actions in any state court or federal court against USIC or any of its owners, officers, directors, employees, representatives, or attorneys relating to or on account of the filing of this action, the Policy which is the subject of this action, or any and all benefits payable pursuant to the Policy; and

6. That the Clerk of the Court disburse to Crystal Schaeffer, Kerry Schaeffer, Heather Schaeffer, Ashley Schaeffer, J.S. and Robert S. Kilborne IV, their attorney, the sums that are on deposit with the Court.

IT IS SO ORDERED.

20100915

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