State Farm Fire & Casualty Co. v. Tashire
Opinion of the Court
delivered the opinion of the Court.
Early one September morning in 1964, a Greyhound bus proceeding northward through Shasta County, California, collided with a southbound pickup truck. Two of the passengers aboard the bus were killed. Thirty-three others were injured,, as were the bus driver, the driver of the truck and its lone passenger. One of the dead and 10 of the injured passengers were Canadians; the rest of the individuals involved were citizens of five American. States. The ensuing litigation led to the present case, which raises important questions concerning administration of the interpleader remedy in the federal courts.
The litigation began when four of. the injured passengers filed suit in California state courts, seeking, damages in excess of $1,000,000. Named as defendants were Greyhound Lines, Inc., a California corporation; Theron Nauta, the bus driver; Ellis Clark, who drove the truck; and Kenneth Glasgow, the passenger in the truck who was apparently its owner as well. Each of the individual defendants was a citizen and resident of Oregon. Before these cases could come to trial and before other suits were filed in California or elsewhere, petitioner State Farm Fire & Casualty Company, an Illinois corporation, brought this action in the nature of interpleader in the United States District Court for the District of Oregon.
Joined as defendants were Clark, Glasgow, Nauta, Greyhound Lines, and each of the prospective claimants. Jurisdiction was predicated upon 28 U. S. C. § 1335, the federal interpleader statute,
An order issued, requiring the defendants to show cause why they should not be restrained from filing or prosecuting “any proceeding in any state or United States Court affecting the property or obligation involved in this interpleader action, and specifically against the plaintiff and the defendant-Ellis D. Clark.” Personal service was effected on each of the American .defendants, and registered mail was employed to reach the 11 Canadian claimants. Defendants Nauta, Greyhound, and several of the injured passengers responded, contending that the policy did cover this accident and advancing various arguments for the position that interpleader was either impermissible or inappropriate in the present circumstances. Greyhound; however, soon switched sides and moved that the court broaden any injunction to include Nauta and Greyhound among those, who could not be sued except within the confines of the interpleader proceeding.
When a temporary injunction along the lines sought • by State Farm was issued by the United States District Court for the District of Oregon, the present respondents moved to dismiss the action and, in the alternative, for a change of venue — to the Northern District of California, in which district' the collision had occurred. After a hearing, the court declined to dissolve the temporary injunction, but continued the motion for a change of venue. The injunction was later broadened to include the protection sought ,by Greyhound, but modified to
On interlocutory appeal,
Before considering the issues presented by the petition for certiorari, we find it necessary to dispose of a question neither raised by the parties nor passed upon by the courts below. Since the matter concerns our jurisdiction, we raise it on our own motion. Treinies v. Sunshine Mining Co., 308 U. S. 66, 70 (1939). The interpleader statute, 28 U. S. C. § 1335, applies where there are “Two or more adverse claimants, of diverse citizenship . . . This provision has been uniformly construed to require only “minimal diversity,” that is, diversity of citizenship between two or more claimants, without regard to the circumstance that other rival claimants may be co-citizens.
II.
We do not agree with the Court of Appeals that, in the absence of a state law or contractual provision for
Considerations of judicial administration demonstrate the soundness of this view which, in any event, seems compelled by the language of the present statute, which is remedial and to be liberally construed.- Were an insurance company required to await reduction - of claims to judgment, the first claimant to obtain such a judgment or to negotiate a settlement might appropriate all or a disproportionate slice of the fund before his fellow claimants were able to establish their claims. The difficulties such a race to judgment pose for the insurer,
III.
The -fact that State Farm had properly invoked the interpleader jurisdiction under .§ 1335 did not, however, entitle it to an order both enjoining prosecution of suits against it outside the confines of the interpleader proceeding and also extending such protection to its insured, the alleged tortfeasor. Still less was Greyhound Lines entitled to have that order expanded so as to protect itself and its driver, also alleged to be tortfeasors, from suits brought by its passengers in various state or federal courts. Here, the scope of the litigation, in terms of
There are situations, of a type not present here, where the effect of interpleader is to confine the total litigation to a single forum and proceeding. One such case is where a stakeholder, faced with rival claims to the fund itself, acknowledges — or denies — his liability to one or the other of the claimants.
“In any civil action of interpleader or in the nature of interpleader under section 1335 of this title, a district court may issue its process for all claimants and enter its order restraining them from instituting or prosecuting any proceeding in any State or United States court affecting the property, instrument or obligation involved in the interpleader action . . . .” (Emphasis added.)
But the present case is another matter. Here, an accident has happened. Thirty-five passengers or their representatives have claims which they wish- to press against a variety of defendants: the bus company,- its driver, the owner of the truck, and the truck driver. The circumstance that one of the prospective defendants hap
State Farm’s interest in this case, which is the fulcrum of the interpleader procedure, is confined to its $20,000 fund. That interest receives full vindication when the court restrains claimants from seeking to enforce against the insurance company any judgment obtained against its insured, except in the interpleader proceeding itself. To the extent that the District Court sought to control claimants’ lawsuits against the insured and other alleged tortfeasors, it exceeded the powers granted to it by the statutory scheme.
We recognize, of course, that our view of interpleader means that it cannot be used to solve all the vexing problems of multiparty litigation arising out of a mass tort.' But interpleader was never intended to perform such ⅛ function, to be an all-purpose “bill of peace.”
In light of the evidence that federal interpleader was not intended to serve the function of a “bill of peace” in the context of multiparty litigation arising out of a mass tort, of the anomalous power which such a construction of the statute would give the stakeholder, and of the thrust of the statute and the purpose it was intended to serve, we hold that the interpleader statute. did not authorize the injunction entered in the present case. Upon remand, the injunction is to be modified consistently with this opinion.
The judgment of the Court of Appeals is reversed, and the case is remanded to the United States District Court for proceedings consistent with this opinion.
It is so ordered.
28 U. S. C. § 1335 (a) provides: “The district courts shall have original jurisdiction of any civil action of interpleader or in the nature 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 . . . policy of insurance ... of value or amdunt of $500 or more ... if
“(1) Two or more adverse claimants, of diverse citizenship as defined in section 1332 of this title, are claiming or may claim to
28 U. S. C. §1292 (a)(1).
We need not pass upon the Court of Appeals’ conclusions with respect to the interpretation of interpleader under Rule 22, which provides that “(1) 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. . . First, as we indicate today, this action was properly brought under § 1335. Second, State Farm did not purport to invoke Rule 22. Third, State Farm could not have invoked it in light of venue and service of process limitations. Whereas statutory inter-pleader may be brought in the district where any claimant resides (28 U. S. C. § 1397), Rule interpleader based upon diversity of citizenship may be brought only in the district where all plaintiffs or all defendants reside (28 U. S. C. § 1391 (a)). And whereas statutory interpleader enables a plaintiff to employ nationwide service of process (28 U. S. C. § 2361), service of process under Rule 22 is confined
With respect to the Court of Appeals’ views on Rule 22, which seem to be shared by our Brother Douglas, compare Underwriters at Lloyd’s v. Nichols, 363 F. 2d 357 (C. A. 8th Cir. 1966), and A/S Krediit Pank v. Chase Manhattan Bank, 155 F. Supp. 30 (D. C. S. D. N. Y. 1957), aff’d, 303 F. 2d 648 (C. A. 2d Cir. 1962), with National Casualty Co. v. Insurance Co. of North America, 230 F. Supp. 617 (D. C. N. D. Ohio 1964), and American Indemnity Co. v. Hale, 71 F. Supp. 529 (D. C. W. D. Mo. 1947). See also 3 Moore, Federal Practice ¶ 22.04, at 3008 and n. 4.
See, e. g., Travelers Indemnity Co. v. Greyhound Lines, Inc., 260 F. Supp. 530 (D. C. W. D. La. 1966); Commercial Union Insurance Co. of New York v. Adams, 231 F. Supp. 860 (D. C. S. D. Ind. 1964); Pan American Fire & Casualty Co. v. Revere, 188 F. Supp. 474 (D. C. E. D. La. 1960); Onyx Refining Co. v. Evans Production Corp., 182 F. Supp. 253 (D. C. N..D. Tex. 1959).' Although Travelers and Revere were brought in Louisiana, a State which authorizes “direct action” suits against insurance companies, the statute .was not relied upon in Travelers (see 260 F. Supp., at 533, n. 3), and furnished only an alternative ground in Revere (see .188 F. Supp., at 482-483).
The only post-1948 case relied upon by the Court of Appeals and respondents, National Casualty Co. v. Insurance Co. of North America, 230 F. Supp. 617 (D. C. N. D. Ohio 1964), turns out to be of little assistance with respect to statutory interpleader since that court denied statutory interpleader solely on the ground that all claimants were citizens of Ohio and hence lacked the required diversity of citizenship. Id., at 619.
See, e. g., Haynes v. Felder, 239 F. 2d 868, 872-875 (C. A. 5th Cir. 1957); Holcomb v. Aetna Life Insurance Co., 255 F. 2d 577, 582 (C. A. 10th Cir.), cert. denied sub nom. Fleming v. Aetna Life Insurance Co., 358 U. S. 879 (1958); Cramer v. Phoenix Mut. Life Ins. Co., 91 F. 2d 141, 146-147 (C. A. 8th Cir.); cert. denied, 302 U. S. 739 (1937); Commercial Union Insurance Co. of New York v. Adams, 231 F. Supp. 860, 863 (D. C. S. D. Ind. 1964); 3 Moore, Federal Practice ¶ 22.09, at 3033.
Subsequent decisions of this Court indicate that Strawbridge is not to be given an expansive reading. See, e. g., Louisville Railroad Co. v. Letson, 2 How. 497, 554-556 (1844), expressing the view that in 1839 Congress had in fact acted to “rid the courts of the decision in the case of Strawbridge and Curtis.” Id., at 556.
See, e. g., American Fire & Cas. Co. v. Finn, 341 U. S. 6, 10, n. 3 (1951), and Barney v. Latham, 103 U. S. 205, 213 (1881), construing the removal statute, now 28 U. S. C. § 1441 (c); Supreme Tribe of Ben-Hur v. Cauble, 255 U. S. 356 (1921), concerning class actions; Wichita R. R. & Light Co. v. Public Util. Comm., 260 U. S. 48 (1922), dealing with intervention by co-citizens. Full-dress arguments for the constitutionality of “minimal diversity” in situations like interpleader-, which arguments need not be rehearsed here, are set out in Judge Tuttle’s opinion in Haynes v. Felder, 239 F. 2d, at 875-876; in Judge Weinfeld’s opinion in Twentieth Century-Fox Film Corp. v. Taylor, 239 F. Supp. 913, 918-921 (D. C. S. D. N. Y. 1965); and in ALI, Study of the Division of- Jurisdiction Between State and Federal Courts 180-190 (Official Draft, Pt. 1, 1965); 3 Moore, Federal Practice ¶ 22.09, at 3033-3037; Chafee, Federal Interpleader Since the Act of 1936, 49 Yale L. J. 377, 393-406 (1940); Chafee, Interpleader in the United States .Courts, 41 Yale L. J. 1134, 1165-1169 (1932). We noté that-the American Law Institute’s proposals for revision of the Judicial Code to deal with the problem of multiparty, multijurisdiction litigation are predicated upon the permissibility of “minimal diversity” as a jurisdictional basis.
44 Stat. 416 (1926), which added casualty companies to the enumerated categories of plaintiffs able to bring interpleader, and provided for the enjoining of proceedings in other courts.
49 Stat. 1096 (1936), which'authorized “bills in the nature of interpleader,” meaning those in which the plaintiff is not wholly disinterested with respect to the fund he has deposited in court. See Chafee, The Federal Interpleader Act of 1936: I, 45 Yale L. J. 963 (1936).
39 Stat. 929 (1917). See Klaber v. Maryland Casualty Co., 69 F. 2d 934, 938-939 (C. A. 8th Cir. 1934), which held that the omission in the 1926 Act of the earlier statute’s “may claim” language required the denial of interpleader in the face of unliquidated claims (alternative holding).
Although the Reviser’s Note did not refer to the statutory change or its purpose, we have it on good authority that it was the omission in the Note rather than the statutory change which was inadvertent. See 3 Moore, Federal Practice ¶ 22.08, at 3025-3026, n. 13. And it was widely, assumed that restoration of the “may claim” language would have the effect of overruling the holding in Klaber, supra, that one may not invoke interpleader to protect against unliquidated claims. See, e. g., Chafee, 45 Yale L. J., at 1163-1167; Chafee, Federal Interpleader Since the Act of 1936, 49 Yale L. J. 377, 418-420 (1940). In circumstances like these, the 1948 revision of the-. Judicial Code worked substantive changes. Ex parte Collett, 337 U. S. 55 (1949).
See cases listed in n. 4.
3 Moore', Federal Practice ¶ 22.08, at 3024-3025; Keeton, Preferential Settlement of Liability-Insurance Claims, 70 Harv. L. Rev. 27, 41-42 (1956).
See Keeton, op. cit. supra, n. 13.
The insurance problem envisioned at the time was that of an insurer faced with conflicting but mutually exclusive claims to a policy, rather than an insurer confronted with the problem of allocating a fund among various claimants whose independent claims may exceed the amount of the fund. S. Rep. No. 558, 74th Cong., 1st Sess., 2-3, 7, 8 (1935); Chafee, Modernizing Interpleader, 30 Yale L. J. 814, 818-819 (1921).
This was the classic situation envisioned by the sponsors of interpleader. See n. 15, supra.
There is not a word in the legislative history suggesting such, a purpose. See S. Rep. No. 558, 74th Cong., 1st Sess. (1935). And Professor Chafee, upon whose work the Congress heavily
We find it unnecessary to pass upon respondents’ contention, raised in the courts below but not passed upon by the Court óf Appeals, that interpleader should have been dismissed on the ground that the 11 Canadian claimants are “indispensable parties” who .have-not been properly served. The argument is that 28 U. S. C. § 2361 provides the exclusive mode of effecting service of process in statutory interpleader, and that § 2361 — which authorizes a district court to “issue its process for all claimants” but subsequently refers to service of “such process” by marshals “for the respective districts where the claimants reside or may be found” — does not permit service of process beyond the Nation’s borders. Since our decision will require basic reconsideration of the litigation by the parties as well as the lower courts, there appears neither need nor necessity to determine this question at this time. We intimate no view as to the exclusivity of § 2361, whether it authorizes service of process in foreign lands, whether in light of the limitations we have imposed on the interpleader court’s injunctive powers the Canadian claimants are in fact “indispensable parties” to the interpleader proceeding itsélf, or whether they render themselves amenable to service of process under § 2361 when they come into an American jurisdiction to establish their rights with respect either to the alleged tortfeasors or to the insurance fund. See 2 Moore, Federal Practice ¶4.20, at 1091-1105.
Dissenting Opinion
dissenting in part.
While I agree with the Court’s view as to “minimal diversity” and that the injunction, if granted, should run only against prosecution of suits against the insurer, I feel that the use which we today allow to be made of the federal interpleader statute,
(1) The policy states “[n]o action shall lie against the company . . . until the amount of the insured’s obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the company.”
(2) Under California law where the accident happened and under Oregon law where the insurance contract was made, a direct action against the insurer is not allowable until after a litigant receives a final judgment against the insured.
Thus under this insurance policy as enforced in California and in Oregon a “claimant” against the insured can become a “claimant” against the insurer only after final judgment against the insured or after a consensual written agreement of the insurer, a litigant, and the insured. Neither of those two events has so far happened.
Can it be that we have two kinds of interpleader statutes as between which ah insurance company can choose: one that permits “claimants” against the insurer (“persons having claims against the plaintiff”) to be joinéd and the other that permits “claimants” against the insured to be joined for the benefit of the insurer even though they may never be “claimants” against the insurer? I cannot believe that Congress launched such an irrational scheme.
The Court rests heavily on the fact that the 1948 Act contains the phrase “may claim,” while the 1926 and 1936 . interpleader statutes, contained the phrase “are claiming.” From this change in language the Court infers that Congress intended to allow an insurance company to interplead even though a judgment has not been entered against the insured and there is no direct-action statute. This inference is drawn despite the fact that the Reviser’s Note contains no reference to the change in wording or its purpose; the omission is dismissed as “inadvertent.” But it strains credulity to suggest
I would construe its wbrds in the normal sense and ■affirm the Court of Appeals.
“(a) The district courts shall have original jurisdiction of any civil action of interpleader or in the nature 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, policy of insurance, or other instrument of value or amount of $500 or more ... if
“(1) Two or more adverse claimants, of diverse citizenship as defined in section 1332 of this title, are claiming or may claim to be entitled to such money or property, or to any one or more of the benefits arising by virtue of any note, bond, certificate, policy or other instrument, or arising by virtue of any such obligation; and if (2) the plaintiff has deposited such money or property . . . into the registry of the court, there to abide the judgment of the court . . .
Under the policy issued by State Farm, it promises “ [t] o pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of (A) bodily injury sustained by other persons . . . caused by accident arising, out of the ownership, maintenance or use, including loading or unloading, of the owned automobile . ” The insured will “become legally
See Calif.. Ins. Code § 11580 (b) (2); Ore. Rev. Stat. § 23.230..
In those States having a direct-action statute, allowing an action against the insurer prior to judgment against the insured, inter-pleader jurisdiction can be sustained absent a judgment against the insured. The direct-action statute gives the injured party the status of a “claimant” against the insurer. See, e. g., Pan American Fire & Casualty Co. v. Revere, 188 F. Supp. 474, 482-483.
Rule 22 (1) provides in part:
“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.”
See n. 3 of the Court’s opinion.
Reference
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