Mt. Hawley Insurance v. Federal Savings & Loan Insurance

AMENDED MEMORANDUM OF DECISION

I. INTRODUCTION

The motion of plaintiff Mt. Hawley Insurance Company (“Mt. Hawley”) for an order confirming interpleader, and the motion of defendants and counterclaimants Ottavio A. Angotti, Scott K. McHenry, Robert C. Hamilton, Donald J. Richardson, Jr., Kirk P. Tanner and Robert A. Ferrante, joined by defendant Donald P. Crivellone, for partial summary judgment with respect to their claims against Mt. Hawley, were heard by the Honorable Mariana R. Pfaelzer on May 4, 1987. The motion of counterdefendants Mt. Hawley and RLI Insurance Company (“RLI”) to dismiss the counterclaims against them, and counterclaim-ants’ motion for summary judgment against RLI, were heard on June 8, 1987. Having considered the oral and written arguments in support of and in opposition to these motions, and the papers and pleadings in this action, the Court has concluded that Mt. Hawley’s interpleader action must be dismissed, that counterclaimants’ motions for summary judgment must be denied, and that the counterclaims against Mt. Hawley and RLI must be dismissed.

II. BACKGROUND

Plaintiff Mt. Hawley is an insurance company incorporated and having its principal place of…