Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. The title of the action. . In some jurisdictions, the plaintiff is referred to as the plaintiff-in-interpleader and each claimant a claimant-in-interpleader. Defendant is informed and believes and, based thereon, alleges that Plaintiff has engaged in conduct and actions to constitute a novation concerning the obligations, conduct, or acts at issue in the Complaint, barring recovery from Defendant. Definition of Denial or Failure of Proof and Affirmative Defenses. . (Code Civ. Five Tips for a Successful Real Estate Closing, Five Key Provisions Every Landlord Needs in a Residential Lease, Real Estate Development, Sales and Leasing Industry Legal Blog. 1335, 1397, and 2361. 2000). SUPERIOR COURT FOR THE STATE OF CALIFORNIA, FOR THE COUNTY OF_____________________ (e.g. Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. The purpose of an affirmative defense is to give enough notice of your defenses so that Plaintiff and the Court understand your argument. This blog will focus on the use of Interpleader Actions for escrow binder disputes in Florida. 8. NV That Plaintiffs insured not be discharged from further liability. 2 0 obj Rule 8(c) requires that both defenses to liability and defenses that potentially mitigate damages must be set forth in the pleadings. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050. %PDF-1.4 Have representative in-house counsel or retained attorney attend all hearings. Nancy obtained the Policy from Transamerica Life Insurance Company (Transamerica) in October 2006. A bad alternative does not affect a good one. Chicago, On January 9, 2012, the court issued an order directing that the sale of the Policy occur by auction on or before February 7, 2012. - business judgment rule (hat tip Iain Johnston), - claim of right (defense to element of intent required to prove theft), - violation of the Real Estate Settlement Procedure Act (RESPA), - violation of the Truth in Lending Act (TILA), - barred/preempted by the Public Securities Litigation Reform Act (PSLRA). <> Consider each of the below affirmative defenses--does it potentially apply in your case? P. 7(a) for a list of authorized pleadings, depending upon your forum. Affirmative defenseInterpleaderIn action for commission from real estate sale TX-PP 146:14 Texas Jurisprudence Pleading and Practice Forms (Approx. If the court grants the interpleader, the stakeholder is dismissed from the action. Every case involves risk, including the risk of loss. The 2014 amendments have proved to be problematic, in that they now fail to cover a situation where: In February 2018, several High Court enforcement officers asked the Queen's Bench Division for directions as to how to proceed in such circumstances, and the Master ruled that the repeal of Rule 17 had the effect of reviving the equitable form of interpleader proceedings, as the 2007 Act did not expressly abolish the interpleader action itself, and "interpleader statutes are not at all to limit or affect the equitable jurisdiction of the court to entertain an interpleader suit or action."[21][22]. The party raising the affirmative defense has the burden of proof on establishing that it applies. Copyright 2008-2023 Jimerson Birr, P.A. This means that the time to bring the cause of action has as a matter of law. 16. Understanding Usury: Is It an Investment, or Is It a Loan? R. 1983). AS AND FOR A FIRST AFFIRMATIVE DEFENSE: 21. See Penn Mutual's Answer, Affirmative Defenses and Interpleader, Exhibit J (identifying the discussion date as August 4, 2009). 13522 Newport Avenue, Suite 201Tustin, CA 92780, 1800 Century Park EastSuite 600Los Angeles, CA 90067, 4275 Executive Sq.Suite 200La Jolla, CA 92037, 177 Park AvenueSuite 200San Jose, CA 95113, 2023 The Karlin Law Firm LLP All Rights Reserved A similar provision was enacted in the County Court Rules, known as Order 33 in the Rules of 1981.[9]. In preparing an answer to a complaint, you should carefully consider all affirmative defenses both to the specific claims in the case and, in a class action, to the class allegations. 1995)). List your defenses. Reno, _______________and______________; and DOES 1 through 5, inclusive, ASSIGNED FOR ALL PURPOSES TO THE HONORABLE_____________. These procedure are outlined generally by Florida Realtors and include seeking an Escrow Disbursement Order, Arbitration, Mediation or Interpleader. In the summons and complaint, the title of the action must include the names of all parties. Note the one affirmative defense for ADA lawsuits regarding Not Readily Achievable (as sort of Grand Father or Grand Fathered in ADA Defense) needs to be adjusted for each case where it might apply). Bank 260 U.S. 235 sustained that a defensive interpeader in an action at law in federal court could be taken under Judicial Code section 274b added by 38Stat. In May 2014, Malka Silberman (Malka), the wife of one of the Investors, asserted a claim to the Policy, claiming that she was a successor trustee of the Trust. 8(c) requires a party to "set forth affirmatively . *IMPORTANT - READ CAREFULLY: Past results do not guarantee, warrant, or predict future case outcomes. %PDF-1.3 As the vast majority of these affirmative defenses will not apply to any given case, ensure you don't just plead this entire laundry list - this list is intended as a brainstorming tool. Without knowledge . The Supreme Court of the United States ruled in New York Life v. Dunlevy 241 U.S. 518, that for a claimant to be bound by an interpleader that party must be served process in a way that obtains personal jurisdiction. ___________, as owner of_________, derivatively on behalf of___________, and ______________, an Individual. The reason for limiting the grounds for a motion to dismiss is to cause the defendant to file an Answer with Affirmative Defenses instead of a Motion to Dismiss to have the issues joined so that the case can . The insurance company is the stakeholder, the claimants are the persons who might be beneficiaries under the policy, and the cash value of the policy benefit is the res. The insurance company believes that the deceased committed suicide, but the claimants believe the death was by accident. 28 U.S.C. That the Court award $[] of the interpleaded funds to Defendant []. If a defense is not raised by the pleadings, it may still be tried by the express or implied consent of the parties. . (Rosenthal v. Irell & Manella (1982)135 Cal.App.3d 121, 128, 185 [action against law firm members for inducing breach of contract between plaintiff and insurance carrier based on statements made in course of litigation].) Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, 2023 The Karlin Law Firm LLP All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Sample General Denial Answer with Affirmative Defenses filed in California Superior Court or Federal ADA, Business or Real Estate Lawsuit with Affirmative Defenses. 2A/C, 155 F.R.D. That Plaintiff take nothing by reason of the unverified Complaint herein, and that these answering Defendants be dismissed hence; 2. {LAW FIRM NAME} However, it is error for a trial court to permit a defense over an objection when first presented at trial. stream Tribunals, Courts and Enforcement Act 2007, "An Historical and Critical Analysis of Interpleader", Prudential Insurance Company of America v. Tull, An Act to enable Courts of Law to give Relief against adverse Claims made upon Persons having no Interest in the Subject of such Claims, "Tribunals, Courts and Enforcement Act 2007", "The Tribunals, Courts and Enforcement Act 2007 (Commencement No. The applicant or interpleading party may join as a defendant in such action any other party against whom claims are made by one or more of the claimants or such other party may interplead by cross-complaint; provided, however, that such claims arise out of the same transaction or occurrence. Thereafter, the automatic stay in the Bankruptcy Action was lifted, and the Bankruptcy Action was dismissed. This page was last edited on 6 May 2022, at 15:28. Defendant is without sufficient information to admit or deny the allegations contained in Paragraphs [] of the Complaint and, therefore, deny the same. interpleader, which raised certain affirmative defenses and included a cross-claim against Wilmington Trust, ILSF, and Genesis ("cross-complaint") [Doc. Bd. Defendant admits the allegations contained in Paragraphs [] of the Complaint. Comm'n v. Ewing, 418 P.2d 296 (Colo. 1966). If the court finds the interpleader appropriate, the person filing the suit is dismissed from the case, the funds are deposited into the court registry, and the claimants to the funds litigate between themselves the issue of entitlement of the deposited monies. - Same decision defense (employer would still have fired employee for lawful reasons even if the actual firing was for a mix of lawful and unlawful reasons) (. 2. The "Lamber Goodnow Injury Law Team at Fennemore Craig, P.C." 300 S. 4th Street #1400 Assumption of risk. Defendant denies the allegations contained in Paragraphs [] of the Complaint. See, e.g. An affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts. 7. Defenses are set forth by a defendant in his answer to the complaint. 14. WHEREFORE, these answering Defendants prays for judgment as follows: 1. As a seventh, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiffs actions constituted a full release by Plaintiff of any and all claims which he may have had against these answering Defendants. In December 2009, FLS learned that the Trust failed to make a required premium payment to Transamerica, causing the Policy to enter a grace period, and that some of the Trusts representations and warranties were false at the time of the sale. INTERPLEADER CONCERNING GUARDIAN ANGEL TRUST, LLC . An admission or denial. [29] The procedures for a Statutory Interpleader action are governed by the Federal Rules of Civil Procedure. Mr. Smith seeks medical attention from various providers for injuries stemming from the accident. Co., 523 P.2d 979 (Colo. 1974). A good affirmative defense will weaken the plaintiff's case. Regardless of how they are styled, the vast majority of these defenses will not apply in any given case, review of the complete list may be an especially helpful tool in brainstorming at the outset of a case. Parts of the form which follows has assisted lawyers with cases arising thoughout Claifornia, including Tustin, Irvine, Costa Mesa, Santa Ana, Garden Grove, Lake Forest, Mission Viejo, Los Angeles, San Diego, Tustin, San Bernadino, and Sacramento. Statute of limitations bars Plaintiff's claim (s). Shamrock: plaintiff cannot remove, defendant cannot remove based on a federal affirmative defense or a federal Impleader is a United States civil court procedural device before trial in which a defendant joins a third party into a lawsuit because that third party is liable to an original defendant.Using the vocabulary of the Federal Rules of Civil Procedure, the defendant seeks to become a third-party plaintiff by filing a third party complaint against a third party not presently party to the lawsuit . The Federal Interpleader Act of 1917 allowed an insurance company, or fraternal benefit society subject to multiple claims on the same policy to file a suit in equity by a bill of interpleader in United States district courts and providing nationwide service of process. Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. 1335, and Rule Interpleader established by Federal Rules of Civil Procedure 22. (b)) may be a defense to actions for intentional interference with contractual relations. The stakeholder must also establish the possibility of multiple lawsuits. To establish this claim, the plaintiff must prove all of the following: . SPV-LS LLC v. Citron, 2018 N.Y. Slip Op. service of process). 1994); William Penn Life Ins. The stakeholder may invoke Rule 22 as a plaintiff, or by counter-claiming in an action already started against him by one, or more claimants. Interpleader Action is intended to protect the escrow agent holding the funds. To initiate an interpleader action, the stakeholder must file a complaint alleging that it has no claim to the asset or property in dispute and does not know to which claimant the stake should be delivered. 06 Civ. Interpleader is also allowed by the Federal Rules of Civil Procedure 22. The broker is the Plaintiff in the suit and names both the buyer and seller as Defendants. c. 231, 85A imposes upon the defendant-registered owner of an automobile involved in a collision the responsibility for setting up as an affirmative defense in his answer a denial that the automobile was being operated by a person for whose conduct the defendant was legally responsible. An affirmative defense is a reason given by the defendant for why the plaintiff should not win the lawsuit, even if what the plaintiff says is true. The Sample Answer, which is one form of Respose, to a ADA Lawsuit, Busienss, or Real Estate Lawsuit filed in a California Superior Court, or in the case of an ADA lawsuit, filed in part in Federal District Court for ADA claims. QPy!dU]6D:Y_N4E9|SG mG-uwE>D(B3Hu6Fik/*8 85016 City of N.Y., the Southern District of New York likewise denied certification of issues pertaining to the city's purported liability for failure to train the New York Police Department, holding that the affirmative defense of probable cause required "such an intensive, individualized inquiry" that "the proposed certification fails to . Regardless of how they are styled, the vast majority of these defenses will not apply in any given case, review of the complete list may be an especially helpful tool in brainstorming at the outset of a case. Matters outside of these jurisdictions are handled by Fennemore Craig, P.C., lawyers licensed in the relevant jurisdiction or by or with the assistance of attorneys at other associated, co-counsel law firms who are licensed in the relevant jurisdiction. ., 523 P.2d 979 (Colo. 1974). {Address} As a fifteenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that the unverified Complaint, and each and every cause of action therein, is barred by the Doctrine of Integration and the Parole Evidence Rule. [any] matter constituting an avoidance or affirmative defense." What follows is a some free legal information regarding the above titled matter for educational and discussion purposes only. Accordingly, while pleadings may be amended to add additional affirmative defenses, it is essential that all defenses to be raised at trial are pleaded before trial (ideally, at least a week prior to the deadline to serve written discovery in a case). 1836). This is always one of the first defenses you look for in every case. 60604, 775-386-6155 85621, 520-477-7777 89101, 520-394-4733 What Rights Do I Have As A Shareholder In A Private Company. Admitted. American Intern. Co. v. Tashire, 386 U.S. 523, 530 (1967). As a fourth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants are informed and believe, and on such information and belief, allege that Plaintiff is engaged in conduct that constitutes waiver of his rights. The Award of Attorney Fees and Costs Is Appropriate in an Interpleader Action A Beneficiary's Status as a Prime Suspect in a Homicide Investigation Creates A Sufficient "Dispute" to Permit the Filing of a Complaint in Interpleader and Award of Attorney Fees and Costs In Farmers New World Life Insurance Company v. See Royal Bank of Canada v. Weiss, 172 A.D.2d 167 (1st Dept. 6. Anderson's Ohio Civil Rules Practice with Forms is a desk reference that provides practicing attorneys and judges in Ohio with a manual to find quick and accurate answers to procedural questions under the Civil Rules. Like its federal counterparts, CPLR 1006(a) enables a stakeholder who faces liability as a result of conflicting claims to an asset, but has no interest in that asset, to commence an interpleader action against the competing claimants, and compel them to litigate the matter among themselves. New facts need to be sufficiently pleaded to establish each element of a claimed affirmative defense. 890 (KPF) (S.D.N.Y. 4. In New York, interpleader is governed by CPLR 1006. In particular, if the complaint includes a misclassification claim, an affirmative defense alleging that plaintiffs were exempt under the applicable exemption . However, it is error for a trial court to permit a defense over an objection when first presented at trial. 2004). Defendant may plead inconsistent defenses. The court shall prescribe the time for service of the answer when service of a complaint is made by publication or upon a party in a foreign country. Co. v. Viscuso, 569 F. Supp. [any] matter constituting an avoidance or affirmative defense." Admitted. 11. Orange County, Los Angeles County, San Diego County, Tustin County, San Francisco County, San Bernadino County, Kern County etc.). 1096, approved Jan. 20, 1936, drafted by Zechariah Chafee which codified it in as United States Judicial Code 41(26), and established the modern statutory interpleader allowing suit to be brought by any person, firm, corporation, association or society having custody of money or property or insurance policy or instrument valued at $500 or more which there are two or more adverse claimant who are citizens of different states, whether or not the claims have common origins, identical, adverse or independent of each other, and allowed it to be an equitable defense in actions at law, Judicial Code 274b. 656, 666 (S.D.N.Y. Affirmative Defense - The introduction of evidence into a trial that might cancel out the defendant's legal responsibility for the alleged act. Jeff Vail is the founder of Vail Law LLC in Greenwood Village, Colorado (www.vail-law.com). The most important distinction involves the requirements for subject matter jurisdiction. If a complaint is duly served, the defendant shall serve an answer within 30 days after the issuance of the summons, except when a different time is prescribed by the court. See, e.g., Campbel, aka Skywalker, et al. These 19 affirmative defenses published here are one section of what Nona filed on 3/8/21 to get the money that Red Rock stole and to get penalties and damages. In and for the County of Maricopa, ANSWER BY DEFENDANT [ENTITY] TO COMPLAINT IN INTERPLEADER. IL Note that, unlike affirmative defenses where the defendant bears the burden of proving the defense, some of the following are more properly styled "additional defenses" where the plaintiff bears the burden of proving that the defense does not apply (e.g. P. 8.03). However, when there are adverse claims to a particular fund, but those claims do not expose the interpleader party to liability, the interpleader party is not a stakeholder within the meaning of CPLR 1006(a) and, therefore, may not proceed by way of interpleader. The Duval County Property Fraud Alert System: Litigating Home Title Fraud. the Stacy Foundation in the Funds that are subject of this action. The may claim language added in 1948 codification to Title 28 of the United States Code in the definitions of claim allow interpleader for unliquidated claims, such as multiple claimant to a liability insurance policy injured in an accident before they are reduced to judgment or settled, however the injunction may only restrain the claimants from suits making claims against the res not suits to liquidate the claim or against third parties. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of requires a party to "set forth affirmatively . 1. You have remained in right site to start getting this info. 16. to pursue an interpleader action. The person holding the funds (escrow agent) to which two or more persons make claims (such as a buyer and seller) files suit asking the court to decide which party has a legal right to the binder. Where, as in SPV-LS, the stakeholder declines to choose between the competing claimants, and files an interpleader action, the stakeholder cannot be held liable for an independent cause of action. When a claimant alleges that the stakeholder is liable for an independent wrong, such party is not a mere stakeholder, notwithstanding its assertion that it has no interest in the disputed funds. As an eleventh, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that at all times material herein, Plaintiff failed and neglected to mitigate his damages so as to reduce and/or diminish his claim. 1332(a) or (c), and the value of the property in controversy must be at least $500. 2000). . 13388 (CSH), 2008 WL 953619, at *7 (S.D.N.Y. SECOND AFFIRMATIVE DEFENSE (As to Count II - Interpleader) 30. Factors in Determining Privilege However, you may want to contact an attorney for a full explanation of Affirmative Defenses and an analysis of whether a particular defense applies to your case . 1. AFFIRMATIVE DEFENSES. 3. 29, 2018) (citing Bradley v. Kochenash, 44 F.3d 166, 168 (2d Cir. Defense counsel should consider all affirmative defenses to the specific claims and the class allegations. is ready to bring into court or pay or depose of the subject matter of the action in such manner as the court directs. Category: Mississippi Collections - Interpleader - Equipment Damage State: Mississippi Control #: MS-60913 Instant Download Buy now Available formats: Word | Rich Text Free Preview Description Related Forms How to Guide The Trust refused to comply. As a thirteenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff did not reasonably rely upon any alleged misrepresentations or nondisclosures of material facts made by these answering Defendants; therefore, Plaintiff is barred from seeking any affirmative relief against these answering Defendants. Because the failure to act immediately upon receipt of a summons in an interpleader action may have devastating financial consequences for rightful heirs and beneficiaries, it is critical to retain an attorney experienced in handling interpleader cases as soon as possible to protect your rights. % Nancy, as grantor, and Nacham Bergman (Nacham), as trustee, thereafter created the N. Bergman Insurance Trust (the Trust) to which Nancy transferred ownership of the Policy. This single volume reference guide presents a practice-oriented approach where the rules are discussed in . R. Civ. Rule 22 is known as rule interpleader. This action is barred in whole or in part by the doctrines of res judicata and/or collateral estoppel. Defendant affirmatively alleges that Plaintiff has failed to state a legal basis to discharge Plaintiff's insured from liability for [his/her] negligence or to restrain Defendants from initiating claims against Plaintiff's insured, and that any such relief should be denied. 4. 10. An interpleader action protects the holder of assets (such as a bank account, brokerage account or life insurance policy proceeds) and property when there is a dispute between two or more parties claiming ownership. (a) When Presented. Whether you are drafting claims, or respond-ing to claims asserted in another pleading, before you begin, always check Interpleader Action is intended to protect the escrow agent holding the funds. stream The firm is committed to the zealous representation of its clients and the effective use of their resources in litigation involving business and commercial disputes. Code 1975, and an action for eviction as defined in 35-9A-141(5), Ala. Code 1975, in which actions a defendant shall serve an answer within seven (7) calendar days after service of the summons and complaint, and (2) the provisions for the assertion of certain defenses by motion at the option of the pleader in Rule 12 are deleted. 1 S Church Ave #1000 See Great Am. In certain cases, the defendant can either deny that a criminal element(s) exists or simply sit back and wait for the prosecution to . (c) Defenses to jurisdiction of the subject matter or in abatement or in bar may be pleaded together, without waiving any defense so pleaded, but the court may order defenses to jurisdiction of the subject matter or in abatement to be tried first. 2003), - failure to take advantage of effective system to report/stop harassment (in Title VII actions, called the Faragher-Ellerth defense) (see Jones v. D.C. Dept. Mr. Smiths attorney enters an interpleader action to determine how the remainder of the funds will be divvied up, as there is not enough to cover all of the outstanding bills. Lets talk about your legal issues. The only beneficiary in using bogus affirmative defenses is the guy getting paid for putting them in there. You're all set! As a sixth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants are informed and believe, and on such information and belief, allege that Plaintiff breached his contract, if any, with Defendants and by reason of such breach of contract, these answering Defendants has been excused of any duty it may have had to perform any obligation set forth in any agreement with Plaintiff, if there be such an agreement. Pursuant to the Sales Agreement, if any of the Trusts representations or warranties were false, FLS could either require the Trust to repurchase the Policy or move forward with the transaction but at a reduced purchase price. [1], Suppose a person dies with a valid life insurance policy in effect. 1. There are two specific types of interpleader actions in the United States federal courts. DEFENDANT IVETTE MONROIG'S ANSWER TO INTERPLEADER COMPLAINT Defendant Ivette Monroig, by and through her undersigned attorneys, hereby files the following Answer and Affirmative Defenses/Claims in response to Plaintiff's Interpleader Complaint: 1. The insurance company could interplead the two claimants and simultaneously deny the claims. SK6F7ETKn ~vC;,pr_\,Wy~m/\%)*5bIx Mar. Because of the competing claims to the Policy proceeds, Transamerica refused to distribute the proceeds. AZ Connect with me on LinkedIn. 28 U.S. 1335 Interpleader: (a) the district courts shall have original jurisdiction of any civil action of interpleader filed by any person, firm, or corporation, association, or society having in his or its custody or possession money or property of the value of $500 or more, or having issued a note, bond, certificate, or policy of . Cir. a. Interpleader Defendant No. Procedures are in effect for claims where:[19]. If provider does not attend all hearings, they may not receive any monies, Ensure bill has been sent to patients of motor vehicle accidents and work-related accidents. Learn more about the details of how an interpleader works, and about the pros and . The stakeholder must have incurred no independent liability to any claimant, i.e. Admitted. By reason of such waiver, these answering Defendants is excused from the performance of the obligation of the alleged contract. was willing to pay or transfer that subject-matter into court or to dispose of it as the court may direct. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred. All the adverse titles or claims must be dependent or derived from a common source; The stakeholder must not have or claim any interest it the. Instead, Plaintiffs merely alleged a claim to the stake itself. Citing Clearlake Shipping PTE Ltd. v. O.W. A well stated affirmative defense - even if its a little bit of a reach - can intimidate a plaintiff, and possibly help persuade him or her to settle. A disinterested stakeholder is entitled to costs including attorney's fees. This is not to be used in all matters or cases, and each matter or case is different. The relief sought by Plaintiffs under Count II of the Complaint for Interpleader must be governed in accordance with the fiduciary duties and obligations imposed by the Court The first stage determines if the stakeholder is entitled to an interpleader and if he should be discharged from liability. the provisions of Rule 85.5 impose no time limit by which the application under that Rule must be made by the creditor or other party claiming an interest. Product description. and Complaint. Premium payments for the Policy were allegedly funded by a group of investors (Investors) in exchange for either a portion of the proceeds from the sale of the Policy or Nancys death benefits if she died before the Policy was sold. The applicant or interpleading party may join as a defendant in such action any other party against whom claims are made by one or more of the claimants or such other party may interplead by cross-complaint; provided, however, that such claims arise out of the same transaction or occurrence. Acknowledged that Plaintiffs so allege. In an interpleader action, a party who knows two or more other parties are making a claim on some asset controlled by the party can ask the court to decide who has what rights to the asset, deposit the asset into the custody of the court or a third party and remove itself from the litigation.
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