Colonial Life & Accident Insurance Company v. Wade et al, No. 4:2018cv01631 - Document 29 (S.D. Tex. 2019)
Court Description: MEMORANDUM OPINION AND ORDER converting 27 Motion to Dismiss into Motion for Summary Judgment. Response due by 5/23/2019. Reply due by 6/6/2019. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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Colonial Life & Accident Insurance Company v. Wade et al Doc. 29 United States District Court Southern District of Texas ENTERED May 03, 2019 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION COLONIAL LIFE & ACCIDENT INSURANCE COMPANY, Plaintiff, V. ALETHEA BURKE WADE, SERBRINA WADE, LEKISHA WADE, and FRANK HOLLINGSWORTH, Defendants. § § § § § § § David J. Bradley, Clerk CIVIL ACTION NO. H-18-1631 § § § § § MEMORANDUM OPINION AND ORDER Colonial Life & Accident Insurance Company ("Colonial Life") filed this interpleader action seeking a determination of which of several claimants is entitled to the proceeds of decedent Kendric Wade's life insurance policy and accompanying rider Policy and Rider") and accident policy (the (collectively, the "Colonial Life Policies") . 1 (the "Life "Accident Policy") Kendric purchased the Life Policy and Rider from Colonial Life in 2012 and designated his mother, Helen Wade, as the beneficiary. 2 Kendric purchased the Accident Policy from Colonial Life in 2014 sisters, Lekisha and Serbrina Wade, as co-equal beneficiaries. 3 1 and designated his See First Amended Complaint for Interpleader, No. 17, pp. 4-6. 2 Docket Entry See id. at 3. Dockets.Justia.com Kendric married Alethea Wade in 2015 and never amended the Colonial Life Policies to designate her as a beneficiary. 4 and killed in December of 2017. 5 Kendric was shot Helen pre-deceased Kendric, and the terms of the Life Policy and Rider made Kendric's estate the primary beneficiary. 6 Alethea, Lekisha, 7 Hollingsworth, are Serbrina, claimants and on Serbrina and Kendric's the Life are father, Policy claimants on and the Frank Rider. 8 Alethea, Lekisha, Accident Policy. 9 Alethea claims that she is entitled to a share of the proceeds of the Colonial Life Policies despite not being named as a beneficiary because some portion of the Policies is community property under Texas law and that premiums were Policies with community funds until Kendric died. 10 paid on the Pending before the court is Defendants Lekisha Wade and Serbrina Wade's 12(b) (6) Motion to Dismiss ("Lekisha and Serbrina's Motion") No. (Docket Entry 27). A Rule pleadings 12(b} and is (6) motion attacks "appropriate when the a sufficiency defendant of the attacks the 4 See id. 5 See id. 6 See id. at 4. 7 Frank Hollingsworth has not entered an appearance. 8 See id. 9 See id. at 3-4. 10 See id. -2- complaint because it fails to state a legally cognizable claim." Ramming v. cert. United States, denied sub nom., (2002') . 281 F.3d 158, Cloud v. 161 (5th Cir. United States, 122 S. 2001), Ct. 2665 "The only way to test the merit of a claim if matters outside the bounds of the complaint must be considered is by way of motion for summary judgment." 570, 573 (5th Cir. 1980). dismiss has been filed, judgment proceeding Murphy v. Inexco Oil Co., 611 F. 2d "In that event, even if a motion to the court must convert it into a summary and afford the plaintiff a reasonable opportunity to present all material made pertinent to a summary judgment motion by [Federal Rule of Civil Procedure] 56." Colonial Life was dismissed from this action, issue remaining is Colonial Life the proper division of Policies among the Id. and the only the proceeds of the claimants.n Lekisha and Serbrina's Motion asks the court to address the merits of Alethea's claim to the proceeds of the Colonial Life Policies. 12 Their Motion is for therefore properly characterized as a motion judgment rather than a Rule 12{b) {6) motion to dismiss. summary Because Lekisha and Serbrina filed their Motion as a motion to dismiss, Alethea has not yet been afforded a reasonable opportunity to 11 See Agreed Order Granting Interpleader and Partial Dismissal with Prejudice, Docket Entry No. 26. 12 See Lekisha and Serbrina' s PP. 4-5. -3- Motion, Docket Entry No. 27, respond with all material made pertinent by Rule 56. 13 The court therefore ORDERS that Lekisha and Serbrina's 12(b) (6) Motion to Dismiss be converted into a summary judgment proceeding. may respond by May 23, 2019. Alethea Althea shall submit evidence of the dates and amounts of all Policy premiums that she contends were paid with community funds. Lekisha and Serbrina may file a reply by June 6, 2019. SIGNED at Houston, Texas, on this the 3rd day of May, 2019. SIM LAKE UNITED STATES DISTRICT JUDGE 13 Alethea filed a Response to Lekisha and Serbrina' s Motion alongside her own motion for summary judgment, but she must still be afforded an opportunity to submit an amended response presenting any evidence permitted by Rule 56. See Plaintiff Alethea Burke Wade's Opposition to Defendants Motion to Dismiss and Combined Motion for Summary Judgment, Docket Entry No. 28. The court will rule on the two pending summary judgment motions concurrently after the deadline for the parties to file responses and replies to Lekisha and Serbrina's Motion has passed. -4-
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