An insurance company filed a lawsuit asking the court to settle a family dispute over who is entitled to policy proceeds
Thrivent Financial for Lutherans filed the complaint on Sept. 18 in the U.S. District Court for the Southern District of Illinois against Jennifer DeWilde, Donna DeWilde, and Daniel DeWilde.
According to the complaint, Thrivent is a “fraternal benefit society organized and existing as a not-for-profit.” The plaintiff claims that on June 21, 1984, Thrivent issued a life insurance policy to Donna and Daniel DeWilde. Derrick DeWilde, who was a minor at the time, was listed as the insured with Donna and Daniel as beneficiaries until his 21st birthday. A change of beneficiary form allegedly from the insured was submitted on Feb. 21 naming Derrick DeWilde’s spouse, Jennifer DeWilde, as the sole primary beneficiary. The suit states that Derrick DeWilde then died on March 9.
On April 21, Donna DeWilde allegedly told Thrivent that she and Daniel DeWilde were contesting the change of beneficiary. They sent a letter contesting distribution of the proceeds and questioning Derrick DeWilde’s competency and his wife’s actions in changing the beneficiary.
“Thrivent has initiated a variety of written and telephonic communications with the defendants in an effort to determine if their adverse and competing claims can be resolved by agreement between the parties and without the need for formal interpleader proceedings,” the suit states.
Thrivent alleges the parties have been unable to reach an agreement “as to who is entitled to the policy proceeds.”
“By reason of the adverse and competing claims, Thrivent cannot determine how the Policy Proceeds should be distributed, and by paying the Policy Proceeds to Jennifer DeWilde, Donna DeWilde, and/or Daniel DeWilde, Thrivent could be exposed to double, multiple, or inconsistent liability.
“Thrivent is ready, willing, and able to pay the Policy Proceeds, plus applicable interest, if any, in accordance with the terms of the Policy, to the rightful beneficiary or beneficiaries, as this Court shall direct,” the suit states.
Thrivent argues that it has no interest in the policy proceeds and “simply seeks protection” while the court determines who is entitled to the proceeds.
Thrivent seeks an order requiring the defendants to appear and provide whatever claims they have to the policy proceeds. The insurer also seeks an order enjoining the defendants from pursuing any court action against it, plus attorney’s fees.
Thrivent is represented by Clark Cole of Armstrong Teasdale LLP in St. Louis.