PAN AMERICAN FIRE & CAS. CO. V. REVERE
188 F. Supp. 474 (E.D. La. 1960)
NATURE OF THE CASE: This was an action for interpleader and a motion to dismiss. Pan
American (P) requested the remedy of interpleader after Revere (Ps) claimants initiated
three separate actions against P.
FACTS: A large tractor-trailer collided with a bus carrying schoolchildren. Four people
on the bus were killed and 23 were injured. In addition, two cars that were following the
bus were involved in the accident. Pan American (P) was the liability insurer for the
tractor-trailer. P filed a suit to interplead all present and potential claimants, and asked
that all parties be enjoined from initiating legal proceedings elsewhere even for actions
that had already been filed. P deposited a bond in the full amount of its policy limits of
$100,000 and claimed that it had no further interest in the insurance proceeds and that it
was merely a disinterested stakeholder. P denied all liability toward any and all the
claimants because it could not technically admit 'liability' since that would amount to a
concession that its assured was negligent and expose him to a deficiency judgment. The
claimants brought an action to dismiss the interpleader action.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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