Liable Company Files Interpleader

[amun9]

Jurisdiction

Georgia

How can a company found liable by tort judgment file a interpleader claiming the insurance policy does not apply? Does the fact that the insurance policy being presented by company at trial automatically prevent this claim? Does an attorney have a responsibility to avoid presenting information it knew conflicts with a previous admission?

 

[adjusterjack]

You're just all over the internet today, aren't you?

Responses from others from another site will indicate where you stand with these questions:

FlyingRon: You've mashed a bunch of terms together and it's impossible to tell what you are talking about. Who are the parties? Who filed the interpleader? If the case is still going on, how is their either a determination of liability or a judgement. If there is a judgenet, why is an interpleader even on the table. What attorney are you claiming is doing something improper and what "information that is misleading" are you asserting that he should avoid?

Budwad: Because someone other than the plaintiff has made claim to the judgment. The insurance company filed the interpleader to allow the courts to decide who should get the money. At the time of trial, the attorney may not have known about an additional claimant.

Mr Knowitall: If they're filing an interpleader, it would be possible that there are multiple claimants who are making demands or who have recovered judgments that are collectively in excess of the policy limits. If they're seeking a court order that says that the insurance policy does not apply at all, then it would appear that they are pursuing a declaratory action. If this is coming at the end of a trial, it could be that the theory of liability applied by the jury does not apply to them -- for example, it could be that the jury found that the defendant caused a harm through intentional acts, and the insurance covers only negligence. We don't have the facts.