State farm v tashire can an insurer rely upon

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State Farm v Tashire : Can an insurer rely upon statutory interpleader prior to claims being adjudicated? i. Rule: Insurers can invoke statutory interpleader before the claims have been reduced to judgment. A party to multi-party litigation can only interplead the claimants seeking the funds of the insured 16
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E. Intervention: Fed. R. Civ. P. 24. A device for an outsider to voluntarily join a suit in which he has an interest in 1. Two forms: (i) Intervention of Right, and (ii) Permissive Intervention a. Intervention of a Right – Rule 24(a): Anyone shall be allowed to intervene, when: i. applicant claims an interest in the property/transaction, and ii. so situated that not allowing them to intervene will impair their ability to protect that interest , and iii. Their interest is not adequately represented by parties (a) A statute may permit absolute intervention (b) Language/Criteria for Intervention as of Right tacks/same as Rule 19(a) (c) Independent SMJ is required in diversity cases b/c no SuppJ b. Permissive Intervention – Rule 24(b): Intervention can be granted if useful to the court, even if intervener lacks compelling interest to qualify as of right i. party should have a claim or defense involving a question of law/fact in common with the pending action ii. statute may confer a conditional right to intervene iii. Independent SMJ and diversity requirements must also be met (a) Distinction: if intervention of right, no leave of ct req’d, but if permissive, at ct’s discretion c. Grutter v. Bollinger: To what degree must an applicant for intervention demonstrate an ability to intervene? i. Rule: anyone permitted to intervene when applicant (1) claims an interest relating to property/transaction which is subject of the action, and (2) applicant so situated that disposition of action may impair/impede applicant's ability to protect that interest, and (3) interest isn’t adequately represented by existing parties F. Compulsory Joinder of Parties: 1. Fed. R. Civ. P. 19(a) and (b) a. R19(a): Necessary Parties: i. If someone (1) is subject to svs of process, and (2) can be joined w/out depriving crt of SMJ, they shall be joined if: (a) Complete relief can’t be accorded among those already parties to suit (or) (b) The person claims an interest related to the action, and their absence may: (1) Impede/Impair their ability to protect the interest (or), (2) Expose the present parties to substantial risk of incurring multiple/inconsistent obligations (opens up potential of later action concerning the object of present suit) ii. If the person isn’t joined, the crt shall order the person to be made a party. (a) If they can’t be joined go to R19(b) b. R19(b): Indispensable Parties: i. Parties so vital to the suit that if their joinder is impossible (destroys diversity, improper venue, lack of PJ), the whole action must be dismissed. (a) Crt will then determine whether in equity/good conscience action should proceed among existing parties or should be dismissed b/c absent party is indispensable (1) Balancing Test to determine dismissal based on indispensability: (i) Prejudice: If they’re not joined, will the absent or present parties interest be affected/prejudiced/exposed to future action?
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