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Protective Life Insurance Company v. David T.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 10, 2013

PROTECTIVE LIFE INSURANCE COMPANY, PLAINTIFF,
v.
DAVID T. UNGAR, AN INDIVIDUAL, STACEY UNGAR NASH, AN INDIVIDUAL, JAMIE UNGAR, AN INDIVIDUAL, AND JILL UNGAR, AN INDIVIDUAL, DEFENDANTS.

ORDER RE: DISCHARGE AND AWARD OF COSTS AND ATTORNEYS' FEES TO PLAINTIFF PROTECTIVE LIFE INSURANCE COMPANY

The Court, having considered the Stipulation to Discharge and Award of Costs and

Attorneys' Fees, attached hereto as Exhibit A, in the above-captioned matter, and the Settlement

Agreement between the Defendants or Claimants upon the insurance funds and the Agreement 21 between David Ungar, Stacey Nash, and Jamie Ungar to have their proceeds issued by check 22 made out to David Ungar, both attached hereto as Exhibit B, as well as all the records and files 23 herein, and good cause appearing therefore, 24

HEREBY ORDERS:

1. Protective Life Insurance Company ("Protective") is hereby discharged from any and all liability on or arising out of:

(a) life insurance policy no. FT0021464 (the "Policy") issued by Protective; and

1 [Proposed] Order Regarding Discharge and Award Costs and Attorneys' Fees;

(b) the rights and obligations of the parties to this action with respect to any and all proceeds under the Policy;

2. The Policy is void and of no further force and effect;

3. From the money that was deposited by Protective with the Clerk of this Court, Protective is awarded $4,040.64, which reflects all costs and reasonable attorney fees incurred in bringing and maintaining the present action;

4. Defendants are permanently enjoined from instituting or prosecuting any other actions against Protective regarding the Policy, including but not limited to any claim related to the Aviation Exclusion Rider, which was attached to and incorporated in the Policy; and

5. The remaining $84,440.04 to be disbursed to the Defendants or Claimants upon the insurance proceeds as follows:

 A check made payable to-- David T. Ungar in the amount of $16,0000, to be delivered to the following address: David T. Ungar, 8200 Kroll Way, #265, Bakersfield, CA 93311.

 A check made payable to Jill Ungar and Mortenson & Rafie, LLP in the amount of $68,440.04, check to be delivered to the following address: 10781 West Twain Avenue, Las Vegas, Nevada 89135.

IT IS SO ORDERED.

SENIOR DISTRICT JUDGE

20130410

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