An insurance company has filed a lawsuit against a Gentry woman accused of gunning down her husband concerning the $501,000 in life insurance policies the couple took out.
The lawsuit filed last Thursday (May 1) in Benton County Circuit Court states Evan Fleck’s $501,000 in life insurance policies was in effect at the time he was killed in March 2013. His wife, Susan Fleck, was arrested and charged with his murder and awaits a trial in Benton County Jail, according to the Benton County Sheriff’s Office.
The suit names Susan Fleck and the administrator of Evan Fleck’s estate as defendants.
Evan and Susan Fleck took out two life insurance policies in March 2009, one for $400,000 and another for $101,146.13, the lawsuit states.
“A genuine dispute exists between the estate of Evan Fleck and Susan Fleck, such that each claims entitlement to the proceeds of the insurance policies,” according to the lawsuit.
Because the insurance company may be subject to paying out the insured amount multiple times to different parties, the company filed the lawsuit to require Evan Fleck’s estate and Susan Fleck to interplead “as to their claims to the proceeds of the insurance policies,” the lawsuit states.
The company “seeks leave of the court to deposit said proceeds into the registry of the court,” according to the lawsuit.
Susan Fleck may not be eligible to receive the money because of what the lawsuit calls “the slayer’s rule,” a policy followed by Arkansas courts. Under the policy, someone criminally responsible for another person’s death may not claim the victim’s insurance policy proceeds, the lawsuit states.
In addition, a local lawyer told 5NEWS it is illegal for criminals to profit from their crimes.
The suit was assigned to Benton County Circuit Judge Doug Schrantz.
Fleck remains in the Benton County Jail awaiting her murder trial. She was found mentally unfit to stand trial by a circuit court judge last year and transferred to the Arkansas State Hospital in Little Rock to receive treatment. Fleck was then found mentally fit earlier this year and sent back to Benton County to stand trial.
The murder suspect is scheduled to appear in Judge Robin Green’s courtroom May 19, according to the Benton County Sheriff’s Office.