Posted on September 7, 2011.
What causes the appropriate form of action against an insurance company will not indemnify the defendant? The defendant is sued in Federal Court and argued that its insurance company must pay for the litigation and any potential award. What is the appropriate local action against the insurance company? Did you bring an interpleader action joining the insurance company to the present case, did you apply for a declaration against the insurer in a separate action, or is there a third option I'm no account?
It depends - If you are the plaintiff or the defendant? I suppose you are the defendant.
You can not file an interpleader - it is only the option for a third person or entity that is not currently a party to the case and wants to be party to the proceedings.
You have two options
1. Filing a complaint for breach of contract and declaratory relief (and ask for two actions that must be consolidated), OR
2. Filing a complaint-cons for breach of contract (you have a contract with the insurance company) and a declaration.
In another option, you must determine if there is diversity of citizenship between the parties (each is a citizen of a different state and the insurance company - its place of incorporation or principal place of business is in a different state) and if $ 75,000 or more is equal or game if there is a question of federal government (which is unlikely). If you choose Option 2, you definitely need to make sure there is diversity of citizenship between the parties to pending litigation and the new party that you want to add. If the addition of this new party destroys diversity of citizenship (assuming that is how this case was originally brought in Federal Court), then the matter may be sent to state court.
WHAT RU governmental organizations involved in this interpleader?? Flag
