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143847P.pdf 05/02/2016 Federated Mutual Insurance Co. v. Moody Station and Grocery
U.S. Court of Appeals Case No: 14-3847
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Benton, Author, with Murphy and Kelly, Circuit Judges]
Civil Case - interpleader action. Following a fire at insured property,
insurer brought interpleader action to determine proper allocation of
policy proceeds as between owner and tenant. No interpleader jurisdiction
exists because adverse claimants were both Missouri citizens, but
diversity jurisdiction exists and amount in controversy based on amount in
dispute is met. After implicitly rejecting that a total loss occurred,
district court did not clearly err in determining actual cash value of
destroyed property. Because insurer was not a disinterested stakeholder in
this interpleader action, the district court abused its discretion in
ordering owner to pay attorney fees to insurer.