Free Answer to Crossclaim - District Court of Delaware - Delaware

Case 1:07-cv-00511-LPS

Document 34

Filed 01/16/2008

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IN THE UNITED STATES DISTRICT FOR THE DISTRICT OF DELAWARE THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK, Plaintiff, v. JAMES R. WITHROW and MYUNG PHAM LEGRO, Defendants. § § § § § § § § § § §

C.A. No. 07-511-LPS

JURY TRIAL OF 12 DEMANDED

JAMES R. WITHROW'S ANSWER TO CROSSCLAIM Defendant James R. Withrow ("Mr. Withrow"), by and through his undersigned counsel, hereby answers the Crossclaim of Myung Pham LeGro ("LeGro") as follows: 1. Admitted only that Plaintiff produced a document purportedly naming

LeGro sole named primary beneficiary under the Policy at the time of Ms. Withrow's death. COUNT I Unjust Enrichment 2. 3. 4. Denied. Denied. Denied. COUNT II Declaratory Judgment 5. length herein. 6.
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Mr. Withrow repeats and realleges his answers above as if set forth at

Admitted.
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7. 8.

Admitted. Admitted only that LeGro seeks declaration that she is sole primary

beneficiary to the Policy. Affirmative Defenses 1. LeGro's claims are barred by the doctrines of waiver, estoppel, unclean hands, and accord and satisfaction. 2. LeGro's claims are barred because she agreed to settle the matter. 3. LeGro's claims are barred for the reasons identified in Mr. Withrow's Answer to Interpleader Complaint and Crossclaim. WHEREFORE, James R. Withrow requests judgment in his favor, plus costs, fees, interest, and any other relief the Court deems just and proper.

SEITZ, VAN OGTROP & GREEN, P.A. /s/ Kevin A. Guerke JAMES S. GREEN (DE 0481) KEVIN A. GUERKE (DE 4096) 222 Delaware Avenue, Suite 1500 P.O. Box 68 Wilmington, DE 19899 (302) 888-0600 Attorneys for Defendant James R. Withrow

DATED: January 16, 2008

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CERTIFICATE OF SERVICE I, Kevin A. Guerke, Esquire, hereby certify that on this 16th day of January 2008, I filed the foregoing James R. Withrow's Answer to Crossclaim with the Clerk of Court using CM/ECF which will send notification of such filing to counsel of record: Seth A. Neiderman, Esq. Citizens Bank Center 919 N. Market Street, Suite 1300 P.O. 2323 Wilmington, DE 19899-2323

/s/ Kevin A. Guerke Kevin A. Guerke (ID No. 4096)

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