Great West Casualty Company v. Fredrics et al

Filing 122

ORDER granting 119 Motion to Dismiss and Disclaimer and Waiver, and Deft North Carolina Department of Transportation is hereby DISMISSED from this action, and may have and recover nothing of the Pltfs. Signed by District Judge Martin Reidinger on 10/22/11. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:10cv267

GREAT WEST CASUALTY COMPANY, INC.,
of behalf of its Insureds,
GLOBE CARRIER COMPANY,
ROUMEN T. VELKOV and GERGANA LAZOVA,

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Plaintiffs,
vs.
LACEY FREDRICS, et. al.,
Defendants.
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ORDER OF DISMISSAL

THIS MATTER is before the Court on the Defendant North Carolina
Department of Transportation’s Motion to Dismiss and Disclaimer and Waiver
[Doc. 119]. The Plaintiffs have filed a Non-Opposition to Defendant/Claimant
NCDOT’s Motion to Dismiss and Disclaimer and Waiver [Doc. 120]. Although
the other Defendants have been served, none of them have responded to the
motion.
On November 11, 2010, the Plaintiff Great West Casualty Company
(Great West) initiated this statutory interpleader action on behalf of its

insureds, Globe Carrier Company (Globe), Gergana Lazova (Lazova) and
Roumen T. Velkov (Velkov), pursuant to 28 U.S.C. §1335. [Doc. 1; Doc. 28].
In the Second Amended Complaint for Interpleader, it is alleged that Great
West insured Globe, a commercial trucking company whose President was
Lazova and which employed Velkov, on October 24, 2010 when an accident
occurred in Henderson County, North Carolina. [Id.]. The accident involved
a vehicle owned by Globe and driven by Velkov which collided with and
caused collisions with numerous vehicles on Interstate 26 in Henderson
County. [Id.]. Five people died as a result of their injuries from the accident
and others suffered personal injuries. [Id.]. The potential claimants have
been named in the action, including the North Carolina Department of
Transportation (NCDOT). [Id.].
Great West issued one liability insurance policy to Globe in the amount
of One Million Dollars ($1,000,000.00). [Id., at 5]. No other policies are known
to it and it is of the belief that no other policies were issued by another
company. [Id.]. Great West also states that Globe has minimal assets, if any,
and Lazova and Velkov have been discharged in bankruptcy. [Id.]. Thus, the
insureds do not have assets available to satisfy any potential judgments
which result from the accident. [Id.].
Confronted with the possibility of claims exceeding the amount of its
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policy as well as rival claims, Great West sought leave to pay into court the full
amount of its insurance policy pursuant to statutory interpleader. Leave was
so granted on November 22, 2010. [Doc. 7].
NCDOT was named as a party due to damage sustained during the
accident to a guardrail located on Interstate 26 in Henderson County, North
Carolina. [Doc. 119 at 2]. The amount of that damage is approximately Seven
Thousand Three Hundred Dollars ($7,300.00) and NCDOT has elected to
disclaim any proceeds it might recover for that property damage. [Id.]. In
support of this request, NCDOT has stated that it
hereby disclaims any and all interest in the amounts deposited by
the Plaintiff ... in this case for the damage to its property, to wit the
damaged guardrail referenced above. [NCDOT] hereby disclaims
any and all interest in any future additional compensation to be
deposited with Court ... in this case with respect to the damage to
its property, to wit the damaged guardrail referenced above, and
waives any further proceeding in this case to determine just
compensation as provided by 28 U.S.C. §1335 for the damage to
its property, to wit the damaged guardrail referenced above.
[Doc. 119 at 2-3].
Great West responded that it agrees an Order should be entered in
which it is noted that NCDOT has a property damage claim arising from the
accident and that “NCDOT has waived and/or disclaimed any right of recovery
against the Plaintiffs, jointly and severally, for its property damage claim.” [Doc.
120 at 2]. NCDOT did not file any reply to that response.
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The Court finds for the reasons stated in the motion and the response
thereto, that the relief sought should be granted.
IT IS, THEREFORE, ORDERED that the Defendant North Carolina
Department of Transportation has a property damage claim arising from the
accident involved in this case and it has disclaimed and waived any right of
recovery against the Plaintiffs, jointly and severally, for that property damage
claim.
IT IS FURTHER ORDERED that the Defendant North Carolina
Department of Transportation’s Motion to Dismiss and Disclaimer and Waiver
[Doc. 119] is hereby GRANTED and it is hereby DISMISSED from this action.
IT IS FURTHER ORDERED that the Motion to Dismiss having been
granted and the disclaimer and waiver having been entered of record, the
Defendant North Carolina Department of Transportation may have and recover
nothing of the Plaintiffs.
Signed: October 22, 2011

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