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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

AMERICAN ECONOMY INSURANCE COMPANY v. HERRERA-TERRONES et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
3:11-cv-00338 Search Pacer
Opposing Party: 
American Economy Insurance Company
Court Type: 
Federal
US District Court: 
Southern District of Texas
Date Filed: 
Jul 19 2011

"VI.
INTERPLEADER PLAINTIFF'S ORIGINAL COMPLAINT IN INTERPLEADER PAGE 17

71. Plaintiff Interpleader has a reasonable fear of multiple liabilities because of these adverse claims, because one or more the claimants will seek to impose liability upon Adam's Welders far in excess of the limits of liability of the Policy made the basis of this suit. Further, there are insurers made parties to the Underlying Suit who are subrogated to the interests of parties who may not have been made whole, or who may have entered into an allocation agreement of which is unknown to Plaintiff-Interpleader and to which Plaintiff-Interpleader is not a party. Plaintiff-Interpleader is unsure which claimant is entitled to the Property fund.

72. Plaintiff-Interpleader timely files this complaint after receiving notice of multiple claims.

73. Plaintiff-Interpleader has deposited the Property into the Registry of the Court along with the filing of this action.

 

VII.
PRAYER

74. For the reasons stated, Plaintiff American Economy Insurance Company prays that each Defendant be cited to appear herein and that the Court:

A. Discharge Plaintiff-Interpleader from the lawsuit and relieve it from all claims to the Property and/or funds on deposit with the Registry of theCourt;
B. Enjoin each Defendant from filing a suit in any other forum against Plaintiff-Interpleader relating to the claims for the Property and/or funds on deposit with the Registry of the Court;
C. Award Plaintiff-Interpleader its reasonable costs and attorneys' fees;
D. All such other and further relief to which Plaintiff may show itself justly entitled."

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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