First, here’s a brief review: There is a $1 million policy on Josh’s life, a $1 million policy on Susan’s life (she is not legally deceased, by the way) and a $250,000 policy on the life of each child. Unsure to whom the policy proceeds belong, the insurer, New York Life Insurance, started a lawsuit in federal court, naming Josh Powell’s heirs, and Susan Powell’s heirs as defendants.
Now, here’s the update:
As required by federal civil procedure rules, Josh’s brother, Michael has filed his “Initial Disclosures,” which tell the Cox family what information he has to support his case. In turn, the Cox family filed their Initial Disclosures too.
The way an interpleader works, the insurer sues everyone who might claim an interest in the money, and in turn, those people (if they indeed claim an interest) answer the lawsuit by suing the other named people. So far, nobody has filed a formal response that answers the allegations or claims an interest in the policy proceeds. This is curious. Is this because they are negotiating a settlement behind the scenes? Or are they too busy getting their ducks in a row, collecting information to make their case, playing their cards close to their chest? Or is someone hard at work on a stellar motion for summary judgment or judgment on the pleadings?