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Federal Kemper Life Assurance Co. v. Caron Beth Finglass
State: Maryland
Court: Maryland District Court
Case Date: 01/20/2004
Preview:IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND FEDERAL KEMPER LIFE ASSURANCE COMPANY, Plaintiff : : : : v. : : CARON BETH FINGLASS, DEAN : SCOTT FINGLASS, and KAREN ANN : LEIMBACH, : Defendants : ...o0o...

Civil No. AMD 03-81 EXEMPT FROM ECF/CM

MEMORANDUM OPINION On January 9, 2003, Federal Kemper Life Assurance Company ("Federal Kemper") filed its Interpleader Complaint in this action, naming three defendants, Caron Beth Finglass ("Caron"), a resident and citizen of Virginia, Dean Scott Finglass ("Dean"), a resident and citizen of Florida, and Karen Ann Leimbach ("Leimbach"), a resident and citizen of Maryland. The claims giving rise to the complaint arise out of a dispute over a $100,000 life insurance policy issued by Federal Kemper (or its predecessor) to Carl W. Finglass ("Carl"). In short order after the case was filed, the court entered orders: (1) permitting the deposit of the policy proceeds into the registry of the court; (2) enjoining the prosecution of any action against Federal Kemper by defendants, and requiring the defendants to interplead and proceed in this action; and (3) denying Leimbach's motion for reconsideration of the order allowing the interpleader action to proceed. Thereafter, the court issued a scheduling order and (more or less) discovery proceeded in accordance therewith. Discovery has now concluded and Leimbach has filed a motion for summary judgment, to which claimant Dean

Finglass has filed an objection. For the reasons stated herein, the court shall grant the motion for summary judgment and enter its judgment of interpleader. The undisputed facts may be pieced together from the filings of the parties. The decedent, Carl, is the father of Dean and Caron. Leimbach was Carl's friend, and perhaps his fianc
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