UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 22-cv-21685-BLOOM/Otazo-Reyes

PRIMERICA LIFE INSURANCE 

COMPANY,

Plaintiff, 

v. 

XAVIER JOHNSON, et al., 

Defendant. 

________________________________/ 

ORDER STAYING CASE

THIS CAUSE is before the Court upon Cross-Claimant Arnold Lloyd’s Motion for 

Summary Judgment, ECF No. [12], and Arnold Lloyd’s Supplement to Motion for Summary 

Judgment, ECF No. [18]. The Court has carefully reviewed the Motions, the record in this case, 

the applicable law, and is otherwise fully advised. For the reasons set forth below, the Motions are 

held in abeyance and this case is stayed pending the outcome of Xavier Johnson’s criminal case in 

state court. 

I. Background 

This is an action for interpleader of the life insurance proceeds to Primerica Life Insurance 

Company Policy Number xx-xxxx8558, insuring the life of Andrea Lloyd (“Ms. Lloyd”). ECF No. 

[1] at 2. On December 8, 2021, Ms. Lloyd was found deceased by stab wounds in Miami-Dade 

County, Florida. Id. Defendant Xavier Johnson awaits trial for her murder in State v. Johnson, 

Case No. F-21-021165 in the Eleventh Judicial Circuit of Florida, in and for Miami-Dade County. 

Id. at 2-3. 

At the time of Ms. Lloyd’s death, Xavier Johnson was the primary beneficiary listed on her 

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Primerica life policy. Id. at 2. Arnold Lloyd, Ms. Lloyd’s father, is the contingent beneficiary. Id. 

The benefit at the time of Ms. Lloyd’s death was $165,000.00. Id. 

On July 5, 2022, Arnold Lloyd filed an Answer to Primerica’s Complaint and a 

Counterclaim against Xavier Johnson. ECF No. [11]. Xavier Johnson, who is currently awaiting 

trial for Ms. Lloyd’s murder in State Court, has not made an appearance in this case.

On July 11, 2022, Arnold Lloyd filed his Motion for Summary Judgment. ECF No. [12]. 

Therein, he argues that, because Ms. Lloyd was killed by the primary beneficiary of her life

insurance policy—Xavier Johnson—the benefit “becomes payable as though [Xavier Johnson] had 

predeceased the decedent.” Id. at 2 (quoting Fl. Stat. § 732.802(3)). Accordingly, Arnold Lloyd 

asserts that he is entitled to the full benefit as the contingent beneficiary. Id. at 1, 4.

On July 18, 2022, the Clerk entered a default against Xavier Johnson for failing to appear, 

answer, or otherwise plead to Primerica’s Complaint. ECF No. [16]. Thereafter, Arnold Lloyd 

filed his Supplement to Motion for Summary Judgment, ECF No. [18], arguing that Xavier 

Johnson’s default provided an additional reason for the Court to enter judgment in Arnold Lloyd’s 

favor. 

II. Discussion

Florida Statute § 732.802(3) provides that “[a] named beneficiary of a . . . life insurance 

policy . . . who unlawfully and intentionally kills the . . . person upon whose life the policy is issued 

is not entitled to any benefit under the . . . policy, . . . and it becomes payable as though the killer 

had predeceased the decedent.” “A final judgment of conviction of murder in any degree is 

conclusive for purposes of this section.” Fl. Stat. § 732.802(5). “In the absence of a conviction of 

murder in any degree, the court may determine by the greater weight of the evidence whether the 

killing was unlawful and intentional for purposed of this section.” Id.

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Xavier Johnson awaits trial in State Court for allegedly murdering Ms. Lloyd. State v. 

Johnson, Case No. F-21-021165 (11th Jud. Cir. Fla.). Notwithstanding the accusations within the 

Arrest Affidavit and Information that Arnold Lloyd attached to his Motion for Summary Judgment, 

see ECF Nos. [12-2], [12-3], Xavier Johnson is presumed innocent of the criminal charges against 

him. 

Normally, the effect of the Clerk’s entry of a default against a defendant is that the 

plaintiff’s well-pleaded factual allegations are deemed to be admitted. Tyco Fire & Sec., LLC v. 

Alcocer, 218 F. App’x 860, 863 (11th Cir. 2007). Here, however, there has been no final judgment 

of conviction or determination, by the greater weight of the evidence, that the killing was unlawful 

and intentional as required by Fl. Stat. § 732.802. Moreover, due to the ongoing criminal 

proceeding against Xavier Johnson, there is a likelihood that Xavier Johnson could not have 

meaningfully answered Primerica’s Complaint without compromising his Fifth Amendment 

rights. 

Accordingly, the Court concludes that it would be premature for it to render the factual

determination necessary to resolve this case, namely, whether Xavier Johnson “unlawfully and 

intentionally kill[ed]” Ms. Lloyd. Fl. Stat. § 732.802(3). That issue will be determined in the 

pending criminal proceeding against him.

III. Conclusion

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. Arnold Lloyd’s Motion for Summary Judgment, ECF No. [12], and Arnold Lloyd’s 

Supplement to Motion for Summary Judgment, ECF No. [18], are DENIED 

WITHOUT PREJUDICE and held in abeyance pending the resolution of State v. 

Johnson, Case No. F-21-021165 (11th Jud. Cir. Fla.).

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2. This case is STAYED pending the resolution of State v. Johnson, Case No. F-21-

021165 (11th Jud. Cir. Fla.),

3. Arnold Lloyd shall move to reopen this case within thirty days of the resolution of

State v. Johnson, Case No. F-21-021165 (11th Jud. Cir. Fla.).

4. This Clerk shall CLOSE this case for administrative purposes only.

DONE AND ORDERED in Chambers at Miami, Florida, on August 10, 2022.

_________________________________

BETH BLOOM

UNITED STATES DISTRICT JUDGE

Copies to: 

Counsel of Record

Xavier Johnson

Jail Number 210160724

c/o Turner Guilford Knight Correctional Center

7000 Northwest 41st Street

Miami, FL 33166

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