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

PENN MILLERS INSURANCE COMPANY v. HANDY FERTILIZER, INC. 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: 
3:14-cv-00008 Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
Southern District of Illinois
Date Filed: 
Jan 3 2014

THE UNDERLYING FACTS AND CLAIMS
16. On or about May 12,2012, an occurrence took place involving a 1,000-gallon
anhydrous ammonia nurse tank located on the property of a farmer in Millstadt, Illinois, who
leased or rented the tank from Handy, when allegedly 800 gallons of anhydrous ammonia
were released into the air, which spread across the farmer's property and onto the
neighboring property owned by Heimos, at which Morris and Koene were employed.
17. Morris and Koene allegedly sustained bodily injury from exposure to
anhydrous ammonia.
18. Heimos, which owned and operated a greenhouse complex in Millstadt,
Illinois, allegedly suffered massive crop damage and losses of thousands of plants due to
exposure to anhydrous ammonia. Heimos made a claim to its insurer, New Hampshire, which
extended coverage of more than $ 1,000,000 and to that extent New Hampshire has become
subrogated to the rights of Heimos.
19. Morris has filed a Complaint against Handy and others in the Circuit Court of
the 20th Judicial Circuit, St. Clair County, Illinois, under Cause No. 13-L-53. Morris' claims
are asserted in Pleading Exhibit B.
20. Heimos and New Hampshire have made claims against Handy and others for
damages for crop and plant losses as intervenors in the action filed by Morris in the Circuit
Court of the 20th Judicial Circuit, St. Clair County, Illinois, under Cause No. 13-L-53, already
marked as Pleading Exhibit B.
21. Koene has filed an action against Handy for damages for his injuries sustained
in the May 12, 2012 accident, and Koene's claims are asserted in his Complaint filed in the
Circuit Court of the 20th Judicial Circuit, St. Clair County, Illinois, under Cause No. 13-L-52.
A true and correct copy of that complaint is attached hereto, made a part hereof and is
marked as Pleading Exhibit C.
22. Hermann and P & H have filed counterclaims against Handy and true and
correct copies are attached hereto, made a part hereof and are marked as Pleading Exhibits
D and E, respectively.

CLAIM F OR RELIEF
23. The limit of liability under the policy Perm Millers issued to Handy is
$2,000,000, that is, $1,000,000 each occurrence and $2,000,000 in the aggregate under the
primary CGL coverage part, and $1,000,000 each occurrence and $2,000,000 in the
aggregate for the commercial umbrella liability coverage part.
24. Perm Millers is unable to determine to whom the $2,000,000 belongs byway
of settlement or judgment or award, and Penn Millers seeks to avoid an illegal or other
preference of creditors, other than no one claimant, either Morris, Koene, Heimos, New
Hampshire, Hermann or P & H, is entitled to more than $ 1,000,000, and all are not entitled
to more than $2,000,000, and Penn Millers does not know to whom or how a distribution
maybe made.
25. Penn Millers is ready, willing and able to deposit $2,000,000 into the Registry
of this Court, with directions by the Court to its Clerk to deposit the fund in an interestbearing
account for the benefit of eachof the claimants to the fund. Penn Millers is defending
Handy in the actions brought against it arising out of the May 12,2012 occurrence, and will
continue to do so until such time as the Court orders a distribution of the interpleaded fund
in exchange for the release of Handy and Penn Millers, and the dismissal of the actions
brought and pending in St. Clair County, Illinois, against Handy, Pleading Exhibits B and C,
attached hereto.
26. Perm Millers does not in any way collude with its insured, Handy, or any
claimant touching upon the matters in question in this action, andPennMillers has not asked
and does not ask any relief herein at the request of any party hereto but rather solely of its
own free will and volition.
PRAYERS FOR RELIEF
WHEREFORE, the Plaintiff, Penn Millers Insurance Company, prays for the
following relief:
A That the Plaintiff Penn Millers Insurance Company be allowed to pay
the limit of liability of its policy numbered PAC2604049-04, of
$2,000,000, into the Registry of this Court in a form deemed suitable
and proper in exchange for a full release for Handy Fertilizer, Inc. from
Amy Morris, Leonardus Koene, N.G. Heimos Greenhouses Company,
Inc., New Hampshire Insurance Company as Subrogee of N.G. Heimos
Greenhouses Company, Inc., Paul Hermann and P & H Manufacturing
Co., Inc., and to Penn Millers Insurance Company.
B. That the Plaintiff Penn Millers Insurance Company thereupon may be
discharged from any and all claims of the Defendants, or any or each
of them, by reason of the limit of liability of the aforesaid insurance
policy, and that the Defendants and each of them, and their attorneys
and agents, be forever enjoined and restrained from commencing or
prosecuting any action or proceeding in any court or forum against
Penn Millers Insurance Company upon their claims or for the recovery
of the proceeds or any part thereof.
C. That the Defendants interplead each with the other to determine their
respective rights to the proceeds and that it be adjudicated and adjudged
to whom the fund belongs, and any and all liens resolved and satisfied.
D. That Amy Morris upon the release of Handy Fertilizer, Inc. seek the
dismissal with prejudice of her action brought against Handy Fertilizer,
Inc. under Cause No. 13-L-53 in the Circuit Court of the 20th Judicial
Circuit, St. Clair County, Illinois.
E. That Leonardus Koene upon the release of Handy Fertilizer, Inc. seek
the dismissal with prejudice of his claims against Handy Fertilizer, Inc.
under Cause No. 13-L-52 in the Circuit Court of the 20th Judicial
Circuit, St. Clair County, Illinois.
F. That New Hampshire Insurance Company in its subrogated capacity
and N.G. Heimos Greenhouses Company, Inc., upon the release of
Handy Fertilizer, Inc. seek the dismissal with prejudice of their claims
under Cause No. 13-L-53 against Handy Fertilizer, Inc. in the Circuit
Court of the 20th Judicial Circuit, St. Clair County, Illinois.
G. That Paul Hermann upon the release of Handy Fertilizer, Inc. seek the
dismissal with prejudice of his claims against Handy Fertilizer, Inc.
H. That P & H Manufacturing Co., Inc. upon the release of Handy
Fertilizer, Inc. seek the dismissal with prejudice of its claims against
Handy Fertilizer, Inc.
I. That the Court award such other and further relief as it deems
reasonable, equitable, necessary and proper.

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.

Javascript is required to view this map.