Friday, December 27, 2013

Pan American Fire & Casualty Co. v. Revere case brief

Pan American Fire & Casualty Co. v. Revere case brief summary
188 F.Supp. 474 (E.D. La. 1960)

Plaintiff insurer requested the remedy of interpleader after defendant claimants initiated three separate actions against the insurer. At least one claimant challenged the propriety of granting the interpleader request.

Following a multi-vehicle accident, the claimants instituted actions against the insurer, which in turn sought interpleader.


  • The court granted the interpleader request, finding that: 
  • (1) although it did not have jurisdiction under Fed. R. Civ. P. 22 due to venue and process issues, it had jurisdiction under the Interpleader Act of 1936, 28 U.S.C.S. §§ 1335, 1397, 2361; 
  • (2) interpleader was supported by the insurers' exposure to multiple liability even if the possibility that the insurer would have had to pay more than was due to the claimants was improbable or remote;
  • (3) the requirement that the claimants be adverse was met because they competed for a fund that was not large enough to satisfy them all; and 
  • (4) 28 U.S.C.S. § 2283 allowed the court to enjoin state court proceedings as necessary in aid of its jurisdiction.

While venue and service problems precluded interpleader under the Federal Rules of Civil Procedure, the court had jurisdiction under the Interpleader Act, and the request for interpleader was granted. The court issued injunctions to restrain all parties from further prosecuting any pending suits against the insurer or its assured, or of instituting claims.

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