Jackson National Life Insurance Company v. Ifshin

CourtDistrict Court, S.D. New York
DecidedNovember 10, 2020
Docket7:20-cv-06930
StatusUnknown

This text of Jackson National Life Insurance Company v. Ifshin (Jackson National Life Insurance Company v. Ifshin) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson National Life Insurance Company v. Ifshin, (S.D.N.Y. 2020).

Opinion

ELECTRONICALLY FILED DOC #: Memorandum Endorsement DATE FILED: 11/10/2020 Jackson National Life Insurance Company v. Ellen A. Ifshin and Gregory T. Bond, 20-cv-06930 (NSR) On August 27, 2020, and then again on September 2, 2020, Plaintiff Jackson National Life Insurance Company (“Jackson National”) filed a motion with the Court requesting an order: (1) directing the Clerk of the Court to permit Jackson National to deposit the annuity proceeds into the Court Registry; (2) enjoining Defendants Ellen A. Ifshin and Gregory T. Bond, and all other parties, from instituting or prosecuting any duplicative action; (3) discharging Jackson National from further liability with respect to the Proceeds and Annuity; (4) dismissing Jackson National from this action, and (5) awarding attorneys’ fees and costs to Jackson National (the “Deposit Motion”). (ECF Nos. 6 & 13.) Jackson National initially failed to comply with this Court’s local rule requiring the submission of a pre-motion conference letter setting forth the basis for its motion. But, on September 18, 2020, filed a letter requesting a pre-motion conference, or, in the alternative, to set a briefing schedule and hearing date for the Deposit Motion. (ECF No. 18.) Finally, Jackson National has informed the Court through electronic mail that, as of November 10, 2020, Defendant Gregory T. Bond has consented to the Deposit Motion, and that it has been unable to reach Defendant Ellen A. Ifshin. Despite Jackson National’s initial failure to comply with this Court’s local rules, the Court waives its requirement for a pre-motion conference, and deems the Deposit Motion fully briefed. Jackson National’s unopposed Deposit Motion (ECF Nos. 6 & 13) is GRANTED in part: (1) Jackson National is permitted to deposit the proceeds for the subject annuity into the Court Registry; (2) Defendants are enjoined from instituting or prosecuting any duplicative action affecting the subject annuity proceeds; (3) Jackson National is dismissed from this action; and (4) Jackson National is discharged from further liability with respect to the subject annuity and proceeds absent a showing of good cause by Defendants as to why they did not timely oppose the Deposit Motion. Further, Jackson National is granted leave to file a separate motion requesting attorneys’ fees and costs with the following briefing schedule: (1) Plaintiff’s moving papers shall be served, not filed, on December 10, 2020; (2) Defendants’ opposition papers shall be served, not filed, on January 11, 2021; and (3) Plaintiff’s reply papers shall be served on January 26, 2021. Plaintiff is directed to file all motion documents, including any opposition, on the reply date, January 26, 2021. The parties shall provide two (2) copies of their respective motion documents to Chambers on the date the documents are served upon their adversary. Plaintiff is directed to serve copies of this Memorandum Endorsement on Defendants and show proof of service on the docket. Jackson National’s motion requesting a pre-motion conference (ECF No. 18) is DENIED as moot.

Accordingly, Jackson National is directed to deposit $15,297.56 with the Clerk of the Court. The Clerk of the Court is kindly directed to take in $15,297.56 to be placed in the Court Registry’s interest-bearing account. The Clerk of the Court is further directed to terminate the motions at ECF Nos. 6, 13, and 18.

Dated: November 10, 2020 SO ORDERED: White Plains, New York

HON. JUDGE NELSON S. ROMAN U.S. DISTRICT COURT JUDGE, S.D.N.Y.

POLSINELLI PC Frank T. Spano Darnell Stanislaus 600 Third Avenue, 42nd Floor New York, New York 10016 (212) 684-0199 fspano@polsinelli.com dstanislaus@polsinelli.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JACKSON NATIONAL LIFE INSURANCE COMPANY, Case No. Plaintiff NOTICE OF MOTION v. ELLEN A. IFSHIN f/k/a ELLEN, A. BOND and GREGORY T. BOND, Defendant PLEASE TAKE NOTICE that upon the Declaration of Theresa Thompson, the Interpleader Complaint and the exhibits attached thereto, and the accompanying Memorandum of Law, Plaintiff Jackson National Life Insurance Company (“Jackson National”) will move this Court, at the United States Courthouse for the Southern District of New York, located at 300 Quarropas Street, White Plains, New York, at a date and time to be designated by the Court, for an order granting Jackson National leave to deposit into the Court’s registry the death benefit owed under an annuity issued to Focus 2000 for Annuitant Philip G. Bond, and: (a) discharging Jackson National from further liability under the annuity; (b) enjoining the competing claimants from initiating any separate action against Jackson National and/or its agents with respect to the Annuity; (c) awarding Jackson National its reasonable attorney’s fees and costs; and (d) dismissing Jackson National from this action. Dated: New York, New York August 26, 2020 POLSINELLI PC By: /s/ Frank T. Spano 600 Third Avenue, 42nd Floor New York, New York 10016 (212) 684-0199 Fax No. (212) 684-0197 fspano@polsinelli.com dstanislaus@polsinelli.com ATTORNEYS FOR PLAINTIFF POLSINELLI PC Frank T. Spano Darnell Stanislaus 600 Third Avenue, 42nd Floor New York, New York 10016 (212) 684-0199 fspano@polsinelli.com dstanislaus@polsinelli.com Attorneys for Plaintiff

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

JACKSON NATIONAL LIFE INSURANCE COMPANY, Case No. Plaintiff

v. ELLEN A. IFSHIN f/k/a ELLEN, A. BOND and GREGORY T. BOND, Defendant

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S MOTION TO DEPOSIT POLICY BENEFIT INTO THE COURT’S REGISTRY AND FOR INTERPLEADER RELIEF Plaintiff Jackson National Life Insurance Company (“Jackson National”) respectfully submits this memorandum of law in support of its Motion to Deposit Policy Benefit into the Court’s Registry and for Interpleader Relief. I. FACTUAL BACKGROUND 1. On January 3, 1989, Jackson National issued a Flexible Premium Deferred Annuity Policy, bearing Policy Number 0004865310 (the “Annuity”) to Focus 2000 with Philip G. Bond, deceased being the annuitant (“Annuitant”). See Declaration of Theresa Thompson at ¶ 3. 2. The proceeds of the Annuity are subject to competing claims as the result of the death of Annuitant. See id. at ¶ 4. 3. On or around February 21, 2020, Jackson National was provided, among other things, a certificate of death of Annuitant, who died on July 1, 2016, as a resident of San Diego, California. See id. at ¶ 5. 4. As of August 12, 2020, the value of the Annuity’s death benefit proceeds is $15,297.56 (the “Proceeds”). See id. at ¶ 6.

5. The Annuity identifies the primary beneficiary as Ellen A. Ifshin f/k/a Ellen A. Bond (“Ifshin”), Annuitant’s ex-wife and the contingent beneficiary as Gregory T. Bond (“Bond”), Annuitant’s son. See id. at ¶ 7. 6. On February 21, 2020, Bond provided to Jackson National an executed claim form, along with a Marital Settlement Agreement between Annuitant and Ifsin. See id. at ¶ 8. 7. On March 14, 2020, Jackson National sent correspondence to Bond informing him that Ifshin was the designated beneficiary of the Annuity. See id. at ¶ 9. 8. On May 4, 2020, Jackson National sent correspondence to Ifshin advising her that she was the named beneficiary under the Annuity and asking her to return an executed claim

form if she intended to claim the proceeds of the Annuity by June 1, 2020. See id. at ¶ 10. 9. On May 4, 2020, Jackson National notified Bond that Annuitant’s divorce from Ifshin did not automatically revoke her designation as the beneficiary of the Annuity and asked Bond to notify Jackson National if he disagreed. See id. at ¶ 11. 10. On May 16, 2020, Jackson National received Ifshin’s Election Regarding Claim Proceeds in which she claimed she was the proper beneficiary of the Annuity and intended to file a claim for the Annuity’s death benefit proceeds. See id. at ¶ 12. 11.

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Bluebook (online)
Jackson National Life Insurance Company v. Ifshin, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-national-life-insurance-company-v-ifshin-nysd-2020.