National Liability & Fire Insurance Company v. Hughes et al

Filing 68

ORDER: National is hereby ordered, to brief this issue and advise the Court within fourteen (14) days, a notice to this Court of any judicial determination of its liability in the case pending in the 21st Judicial District Court, Parish of St. Helena, State of Louisiana, Docket Number 23, 424-Div. A. Signed by Judge Shelly D. Dick on 11/9/2017. (LLH)

interpleader action."6
In their Notice of Related Proceedings, Caston and Magee state:
In the referenced proceeding , defendants herein assert bodily
injury liability claims against the two drivers involved in the
automobile accident (and their liability insurers) which forms
the basis of this interpleader action. This interpleader action
involves UM [underinsured motorist] benefits owed for the
underinsured fault of one of those drivers--William Carpenter.7
Caston and Magee further argue that the interpleader action should be denied
because the "[National] policy of insurance provides UM coverage of $1 ,000,000 by
operation of law since the filings associated with the Complaint-in-Intervention does not
contain a valid UM form prescribed by the Commissioner of Insurance whereby the
named insured selected the lower alleged UM limit of $100,000."8 It is unclear based upon
the record before the Court whether the UM benefits owed by National constitute the only,
single fund owed in the action in the 21st Judicial District Court by National.

Without a

determination regarding National's liability, the Court cannot determine if there is a "single
fund " - a prerequisite for Rule 22 interpleader as outlined by the Fifth Circuit in Auto Parts
Manufacturing v. King Construction of Houston. 9
Accordingly, National is hereby ordered, to brief this issue and advise the Court
within fourteen (14) days, a notice to this Court of any judicial determination of its liability

s Id. Daina Caston as Natural Tutrix for the Minor KC and of Emmanuel Cyprian and India Magee as Natural
Tutors for the Minor TC v. Roderick Hughes. Morgan Transportation, LLC, Natural Liability & Fire Insurance
Company, William Carpenter. and GEICO Indemnity Company, Docket Number 23, 424-Div. A , 21st
Judicial District Court, Parish of St. Helena, State of Louisiana.
7 Id.
s Rec. Doc. 39 , p. 3.
9 782 F.3d 186, 193 (5th Cir. 2015). "In the first stage, the district court decides whether the requirements
for rule or statutory interpleader action have been met by determining if there is a single fund at issue and
whether there are adverse claimants to that fund. If the district court finds that the interpleader action has
been properly brought the district court will then make a determination of the respective rights of the
claimants.• Id.
Document Number: 42651
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in the case pending in the 21st Judicial District Court, Parish of St. Helena, State of
Louisiana, Docket Number 23, 424-Div. A. , Daina Caston as Natural Tutrix for the Minor
KC and of Emmanuel Cyprian and India Magee as Natural Tutors for the Minor TC v.
Roderick Hughes, Morgan Transportation, LLC, Natural Liability & Fire Insurance
Company, William Carpenter, and GEICO Indemnity Company.

IT IS SO ORDERED.
Signed in Baton Rouge, Louisiana on

;Y 91
tf1/.

2 CJI 7

~~a_,
LY
JUDGES

D. DICK

UNITED STATES DISTRICT COURT

Document Number: 42651
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