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Topa Insurance Company v. Amrinder Singh

October 3, 2012

TOPA INSURANCE COMPANY,
PLAINTIFF,
v.
AMRINDER SINGH, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER G R A N T I N G D E F E N D A NT ' S APPLICATION FOR DISBURSEMENT OF INTERPLED FUNDS AND GRANTING PLAINTIFF LEAVE TO FILE AN AMENDED COMPLAINT

I. INTRODUCTION

A. The Accident, The Insurance, And The Claims

This interpleader action arose out of a July 23, 2009, multi-vehicle collision on a Virginia interstate highway. Apparently all involved have concluded that the accident was caused, at least in substantial part, by Defendant Pawandeep Singh's negligent operation of a tractor trailer.*fn1

The truck Pawandeep Singh was driving was owned by his then-passenger, Amrinder Singh. Amrinder Singh was insured at the time under a one million dollar Commercial Automobile Liability insurance policy (TLH 002227-00) issued by Plaintiff Topa Insurance Company.

Injured parties asserted claims and/or filed suit in various jurisdictions to recover for property loss, personal injury, and wrongful death suffered in the accident, and they have sought coverage therefore under the Topa policy. The claims substantially exceed, multiple times over, the value of the policy.

B. The Interpleader Action

Because the claims against the Topa policy exceeded the amount of coverage provided, Topa initiated this action in this Court on September 15, 2011, and sought, among other relief, a judicial determination: (1) of the amount each of the Defendants was entitled to share in the policy; (2) enjoining the Defendants from initiating or pursuing any other judicial proceedings affecting the rights and obligations between and among them and Topa; and (3) discharging Topa's obligations under the policy. (ECF No. 1.)

Topa named as Defendants in the action:

Amrinder and Pawandeep Singh;

Linton and Jan Weeks;

Jorge and Rebecca Chavero; DBi Services, LLC;

Royal Freight, LP;

Progressive Insurance Company; Hiscox Insurance Company; Northland Insurance Company;

Truck Service, Inc.; and,

Does one through fifty.

On September 22, 2011, Topa deposited the full amount of the policy proceeds into the Registry of this Court.

C. Agreed Distribution

Reportedly, all claims for indemnity from the Topa policy arising out of the July 23, 2009, accident have now been settled; written agreements have been exchanged and all that is necessary to finally close those claims is to disburse the amounts agreed upon out of the funds deposited in the registry of the Court.

Specifically, direct negotiations among the parties led to a collective agreement that the interpled funds should be distributed to or for the benefit of the following-named claimants in the amounts indicated below:

1. Royal Freight, Inc -- $20,000.00

2. DBi Services, LLC -- $10,000.00

3. Jorge and Rebecca Chavero -- $7,500.00

4. Hiscox Insurance Company -- $3,500.00

5. Linton and Jan Weeks -- $959,000.00 plus all interest which accumulates on the interpled funds while on deposit ...


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