Liberty Mutual Insurance Company, a Corporation v. Carlos R. Estrada, Pacific Insurance Company, a Corporation, Intervenor-Appellant

Liberty Mutual Insurance Company (Liberty), instituted an interpleader action to determine the distribution of $50,000, the maximum amount payable' under an automobile liability insurance policy that it had issued. Liberty’s insured was concededly liable because of an automobile accident that resulted in several serious injuries, one of them fatal. The dispute is between defendantsappellees (defendants), all personal injury or wrongful death claimants, and intervenor-appellant, Pacific Insurance Company (Pacific). Pacific is subrogated to the rights of the only claimant who sustained property damage. All parties stipulated to the appointment of a Special Master “to determine the individual amounts to be paid the respective claimants from the funds now on deposit with the Court.” The Master found that Pacific’s property damage loss amounted to $6,700 and that personal injury and death damages for all claimants totaled $270,575. He then prorated the available $50,000, awarding Pacific $1240 as its pro rata share and allocating the remainder to the defendants. The District Court adopted this allocation and entered a final order reducing the recommendations of the Special…