Calvert Fire Ins. Co. v. Sussex Mut. Ins. Co., 532 F.Supp. 393 (D.N.J., Dec 28, 1981)

Practice Areas: First Party, Insurance Coverage and Bad Faith

On cross motions for summary judgment in a suit arising from a reinsurance pool and upon one defendant’s motion to set a certain day to file a third-party complaint, the District Court, Biunno, J., held that material issues of genuine fact existed as to whether plaintiff, one member of reinsurance pool, had direct claim against defendant, another member of the pool and, if it did, whether defendant could safely pay plaintiff in the face of a judgment against defendant and putative claims of trustee in bankruptcy of organizer of the pool, whether there should be an interpleader and whether bankruptcy trustee could be brought in on interpleader without an order of bankruptcy court to allow it, precluding summary judgment in favor of either party in suit arising from a reinsurance pool.

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