Farmers Insurance Exchange v. Civil Service Employees Insurance

OPINION

By the Court,

Thompson, J.:

Farmers Insurance Exchange commenced this action to *734require Civil Service Employees Insurance Company and the heirs of Mary Catherine Hurley to interplead their claims to the sum of $50,000 representing the limits of an insurance policy issued by Farmers to one James Schell.1

Earlier, the heirs of Hurley had instituted a wrongful death action against Schell. It was apparent to Farmers that the damages sustained by the heirs exceeded Schell’s insurance coverage of $50,000 and that Schell’s liability for the accident was clear. Moreover, Civil Service had paid…