Phoenix Insurance v. Small

MEMORANDUM

DALZELL, District Judge.

I. Introduction

We consider here defendant and counter-claimant Leonard Small’s amended counterclaim for interpleader pursuant to Fed. R.C.P. 22(a)(2) and the federal interpleader statute, 28 U.S.C. § 1335.

On October 5, 2012, a lire started in the kitchen of Leonard Small’s condominium, damaging other units in the building. The affected neighbors and residents filed claims with their insurance companies, and, after those companies paid their insureds’ claims, they became legally and equitably subrogat-ed—to the extent of their payments—to their insureds’ right…