Preview
FILED
3/22/2024 9:31 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXS
Christi Undewvood DEPUTY
DC-24-O4406
CAUSE NO.
AMERICAN INCOME LIFE § IN THE DISTRICT COURT OF
INSURANCE COMPANY, §
§
Plaintiff, §
§
V. § DALLAS COUNTY, TEXAS
§
SACOMA WRIGHT, ANTONIO §
WASHINGTON, DALPHINA §
PEOPLES, AND EXPRESS FUNERAL §
68th
FUNDING, LLC, §
§
Defendants. § _ JUDICIAL DISTRICT
PETITION FOR INTERPLEADER
Plaintiff American Income Life Insurance Company (“AILIC”) seeks interpleader
of claims 0r potential claims t0 celtain life insurance benefits payable as the result of the
death of Michael Dixon (“Michael”) and states:
DISCOVERY CONTROL PLAN
1. Pursuant to Tex. R. CiV. P. 190.3, AILIC intends to conduct discovery in this
matter under Level 2.
PARTIES
2. Plaintiff. AILIC is an insurance company with its principal place of business
in McKinney, Texas.
3. Defendant Sacoma Wrigm. Sacoma Wright (“Sacoma”) resides in Texas,
and may be served with process at her residence at 7741 Ryan Ridge Dr., Dallas, Texas
75232.
PETITION FOR INTERPLEADER PAGE 1
4. Defendant Antonio Washington. Antonio Washington (“Antonio”) resides
in Texas, and may be served with process at his residence at 12826 Ashford Chase,
Houston, Texas 77082.
5. Defendant Dalphina Peom. Dalphina Peoples (“Dalphina”) resides in
Texas, and may be served with process at her residence at 2816 Bridal Wreath, Dallas,
Texas 75233.
6. Defendant Express Funeral Funding. LLC. Express Funeral Funding,
LLC (“Express”) is a foreign limited liability company and may be served by serving its
registered agent, CT Corporation System at 334 North Senate Avenue, Indianapolis,
Indiana 46204.
VENUE
7. Venue. Venue is proper in this Court pursuant to Tex. Civ. Prac. & Rem.
Code § 15.002 because a substantial part of the events giving rise to AILIC’s interpleader
claim occurred in Dallas County, Texas.
OPERATIVE FACTS
8. The Policy. On or about April 27, 2013, Michael applied for an AILIC
insurance policy. In the application, he designated Dalphina as his primary beneficiary.
Based on the application, AILIC issued it Policy No. 12097672 (the “Policy”), which
provided him $16,218.00 in life insurance coverage (the “Policy Proceeds”).
9. The Beneficiary Change. On September 21, 2021, Michael executed a
change of beneficiary form making Sacoma and Antonio, his sister and niece, respectively,
co-equal beneficiaries of the Policy Proceeds.
PETITION FOR INTERPLEADER PAGE 2
10. Michael Dies. Michael died on June 23, 2022.
11. The Funeral Home Assignment. On or about June 26, 2023, Sacoma and
Antonio executed a funeral home assignment of proceeds to Eternal Rest Funeral Horne
Chapel in the amount of $8,348.00 (the “Funeral Home Assignment”). The Funeral Home
Assignment was subsequently assigned to Express.
12. Competing Claims. AILIC has received competing claims for the Policy
Proceeds. Specifically, on or about July 17, 2023, Sacoma submitted her written claim for
50% of the Policy Proceeds. Antonio is the designated beneficiary for the remaining 50%
of the Policy Proceeds. However, by letter dated July 18, 2023, Dalphina’s attorney
advised AILIC that Dalphina was Michael’s wife and that the change of beneficiary form
designating Sacoma and Antonio was fraudulent. Based on the foregoing, Dalphina
claimed 100% of the Policy Proceeds. AILIC has a reasonable doubt as to whom, as
between Sacoma, Antonio and Express, on the one hand, and Dalphina, on the other hand,
is entitled to the Policy Proceeds. AILIC seeks resolution of the conflicting claims in good
faith. AILIC is or may be exposed to double or multiple liability. AILIC has no interest
whatsoever in the Policy Proceeds other than fulfilling its contractual obligations to pay
the sums due to the appropriate party. Accordingly, AILIC has no independent liability to
any of the Defendants and is a disinterested stakeholder.
CLAIMS FOR RELIEF
13. Intemleader. AILIC admits liability for the Policy Proceeds but requests
that the Court adjudicate the conflicting claims so that AILIC will not be exposed to
multiple liabilities. Contemporaneously with the filing of this Petition for Interpleader,
PETITION FOR INTERPLEADER PAGE 3
AILIC has requested leave to tender into the registry of the Court the Policy Proceeds,
together With accrued interest, if any. AILIC further requests that it be discharged from
further liability to the Defendants or anyone else.
14. Attorneys’ Fees. AILIC has retained the services of the undersigned
attorney to prosecute this action. AILIC seeks recovery of all of its reasonable attorneys’
fees and court costs incurred in this action.
PRAYER
15. Relief Reguested. AILIC respectfully requests that:
a. the Defendants be served with process and required to answer in the
time and manner prescribed by law;
the Defendants be required to interplead and settle among themselves
the rights and claims for the Policy Proceeds under the Policy;
on final hearing, the Defendants for themselves, their heirs, legal
representatives, and assigns and all other persons claiming by, through
or under them, be permanently enjoined and restrained from
instituting or prosecuting any proceeding in any state or United States
Court against AILIC for the Policy Proceeds or the Policy;
AILIC be awarded its reasonable attorneys’ fees and court costs in
connection with this action;
AILIC be fully and finally discharged from further liability to the
Defendants; and
this Court grant all such other and further relief, both general and
special, at law and in equity, to which AILIC may show itself justly
entitled.
PETITION FOR INTERPLEADER PAGE 4
Respectfully submitted,
By: /s/ Bill E. Davidoff
Bill E. Davidoff
State Bar N0. 00790565
bill.davidoff@figdav.com
Attorney-in-Charge
FIGARI + DAVENPORT, LLP
901 Main Street, Suite 3400
Dallas, TX 75202
TEL: 214.939.2000
FAX: 214.939.2090
ATTORNEYS FOR PLAINTIFF AMERICAN
INCOME LIFE INSURANCE COMPANY
PETITION FOR INTERPLEADER PAGE 5
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Bill Davidoff on behalf of Bill Davidoff
Bar No. 00790565
bill.davidoff@figdav.com
Envelope ID: 85843828
Filing Code Description: Original Petition
Filing Description: INTERPLEADER
Status as of 3/25/2024 8:40 AM CST
Associated Case Party: AMERICAN INCOME LIFE INSURANCE COMPANY
Name BarNumber Email TimestampSubmitted Status
Bill E.Davidoff bill.davidoff@figdav.com 3/22/2024 9:31 :55 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Danna Walls danna.walls@figdav.com 3/22/2024 9:31:55 AM SENT
Amy Gatlin amy.gatlin@figdav.com 3/22/2024 9:31:55 AM SENT
Preview
FILED 3/22/2024 9:31 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXS Christi Undewvood DEPUTY DC-24-O4406 CAUSE NO. AMERICAN INCOME LIFE § IN THE DISTRICT COURT OF INSURANCE COMPANY, § § Plaintiff, § § V. § DALLAS COUNTY, TEXAS § SACOMA WRIGHT, ANTONIO § WASHINGTON, DALPHINA § PEOPLES, AND EXPRESS FUNERAL § 68th FUNDING, LLC, § § Defendants. § _ JUDICIAL DISTRICT PETITION FOR INTERPLEADER Plaintiff American Income Life Insurance Company (“AILIC”) seeks interpleader of claims 0r potential claims t0 celtain life insurance benefits payable as the result of the death of Michael Dixon (“Michael”) and states: DISCOVERY CONTROL PLAN 1. Pursuant to Tex. R. CiV. P. 190.3, AILIC intends to conduct discovery in this matter under Level 2. PARTIES 2. Plaintiff. AILIC is an insurance company with its principal place of business in McKinney, Texas. 3. Defendant Sacoma Wrigm. Sacoma Wright (“Sacoma”) resides in Texas, and may be served with process at her residence at 7741 Ryan Ridge Dr., Dallas, Texas 75232. PETITION FOR INTERPLEADER PAGE 1 4. Defendant Antonio Washington. Antonio Washington (“Antonio”) resides in Texas, and may be served with process at his residence at 12826 Ashford Chase, Houston, Texas 77082. 5. Defendant Dalphina Peom. Dalphina Peoples (“Dalphina”) resides in Texas, and may be served with process at her residence at 2816 Bridal Wreath, Dallas, Texas 75233. 6. Defendant Express Funeral Funding. LLC. Express Funeral Funding, LLC (“Express”) is a foreign limited liability company and may be served by serving its registered agent, CT Corporation System at 334 North Senate Avenue, Indianapolis, Indiana 46204. VENUE 7. Venue. Venue is proper in this Court pursuant to Tex. Civ. Prac. & Rem. Code § 15.002 because a substantial part of the events giving rise to AILIC’s interpleader claim occurred in Dallas County, Texas. OPERATIVE FACTS 8. The Policy. On or about April 27, 2013, Michael applied for an AILIC insurance policy. In the application, he designated Dalphina as his primary beneficiary. Based on the application, AILIC issued it Policy No. 12097672 (the “Policy”), which provided him $16,218.00 in life insurance coverage (the “Policy Proceeds”). 9. The Beneficiary Change. On September 21, 2021, Michael executed a change of beneficiary form making Sacoma and Antonio, his sister and niece, respectively, co-equal beneficiaries of the Policy Proceeds. PETITION FOR INTERPLEADER PAGE 2 10. Michael Dies. Michael died on June 23, 2022. 11. The Funeral Home Assignment. On or about June 26, 2023, Sacoma and Antonio executed a funeral home assignment of proceeds to Eternal Rest Funeral Horne Chapel in the amount of $8,348.00 (the “Funeral Home Assignment”). The Funeral Home Assignment was subsequently assigned to Express. 12. Competing Claims. AILIC has received competing claims for the Policy Proceeds. Specifically, on or about July 17, 2023, Sacoma submitted her written claim for 50% of the Policy Proceeds. Antonio is the designated beneficiary for the remaining 50% of the Policy Proceeds. However, by letter dated July 18, 2023, Dalphina’s attorney advised AILIC that Dalphina was Michael’s wife and that the change of beneficiary form designating Sacoma and Antonio was fraudulent. Based on the foregoing, Dalphina claimed 100% of the Policy Proceeds. AILIC has a reasonable doubt as to whom, as between Sacoma, Antonio and Express, on the one hand, and Dalphina, on the other hand, is entitled to the Policy Proceeds. AILIC seeks resolution of the conflicting claims in good faith. AILIC is or may be exposed to double or multiple liability. AILIC has no interest whatsoever in the Policy Proceeds other than fulfilling its contractual obligations to pay the sums due to the appropriate party. Accordingly, AILIC has no independent liability to any of the Defendants and is a disinterested stakeholder. CLAIMS FOR RELIEF 13. Intemleader. AILIC admits liability for the Policy Proceeds but requests that the Court adjudicate the conflicting claims so that AILIC will not be exposed to multiple liabilities. Contemporaneously with the filing of this Petition for Interpleader, PETITION FOR INTERPLEADER PAGE 3 AILIC has requested leave to tender into the registry of the Court the Policy Proceeds, together With accrued interest, if any. AILIC further requests that it be discharged from further liability to the Defendants or anyone else. 14. Attorneys’ Fees. AILIC has retained the services of the undersigned attorney to prosecute this action. AILIC seeks recovery of all of its reasonable attorneys’ fees and court costs incurred in this action. PRAYER 15. Relief Reguested. AILIC respectfully requests that: a. the Defendants be served with process and required to answer in the time and manner prescribed by law; the Defendants be required to interplead and settle among themselves the rights and claims for the Policy Proceeds under the Policy; on final hearing, the Defendants for themselves, their heirs, legal representatives, and assigns and all other persons claiming by, through or under them, be permanently enjoined and restrained from instituting or prosecuting any proceeding in any state or United States Court against AILIC for the Policy Proceeds or the Policy; AILIC be awarded its reasonable attorneys’ fees and court costs in connection with this action; AILIC be fully and finally discharged from further liability to the Defendants; and this Court grant all such other and further relief, both general and special, at law and in equity, to which AILIC may show itself justly entitled. PETITION FOR INTERPLEADER PAGE 4 Respectfully submitted, By: /s/ Bill E. Davidoff Bill E. Davidoff State Bar N0. 00790565 bill.davidoff@figdav.com Attorney-in-Charge FIGARI + DAVENPORT, LLP 901 Main Street, Suite 3400 Dallas, TX 75202 TEL: 214.939.2000 FAX: 214.939.2090 ATTORNEYS FOR PLAINTIFF AMERICAN INCOME LIFE INSURANCE COMPANY PETITION FOR INTERPLEADER PAGE 5 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Bill Davidoff on behalf of Bill Davidoff Bar No. 00790565 bill.davidoff@figdav.com Envelope ID: 85843828 Filing Code Description: Original Petition Filing Description: INTERPLEADER Status as of 3/25/2024 8:40 AM CST Associated Case Party: AMERICAN INCOME LIFE INSURANCE COMPANY Name BarNumber Email TimestampSubmitted Status Bill E.Davidoff bill.davidoff@figdav.com 3/22/2024 9:31 :55 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Danna Walls danna.walls@figdav.com 3/22/2024 9:31:55 AM SENT Amy Gatlin amy.gatlin@figdav.com 3/22/2024 9:31:55 AM SENT