Legal Opinion
Emcasco Insurance v. Davis
District Court, W.D. Arkansas
Decided December 12, 1990No. Civ. 90-2082PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION
H. FRANKLIN WATERS, Chief Judge.
Statement of the Case
This action was instituted by Emcasco Insurance Company by the filing of a complaint in interpleader. It is unclear from the complaint whether the action is filed under the provisions of Rule 22 of the Federal Rules of Civil Procedure or the statutory interpleader provisions of 28 U.S.C. §§ 1335, 1397, and 2361. It is, however, clear that the court has subject matter jurisdiction of this matter and that the venue is proper irrespective of whether the insurance carrier intended to proceed by means of statutory interpleader…
2Cases cited18 opinions
- State Farm Fire & Casualty Co. v. TashireSupreme Court of the United States · 1967
- CNA Insurance v. McGinnisSupreme Court of Arkansas · 1984
- Perkins v. Clinton State BankCourt of Appeals for the Eighth Circuit · 1979
- Samply v. Integrity Ins. Co.Supreme Court of Alabama · 1985
- The Aetna Casualty and Surety Company v. William T. StoverCourt of Appeals for the Eighth Circuit · 1964
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Aetna Casualty & Surety Co. v. SullivanMassachusetts Appeals Court · 1992
- Freeman v. Leader National Insurance Co.Missouri Court of Appeals · 2001
- Millers Mutual Insurance Ass'n of Illinois v. Shell Oil Co.Missouri Court of Appeals · 1997
- Benchmark Insurance Co. v. SparksNevada Supreme Court · 2011
- Ohio Casualty Insurance v. Carman Cartage Co.Nebraska Supreme Court · 2001
4 more not listed; retrieve them via the Exa API.