United States District Court, D. Alaska
ORDER AND OPINION [RE: MOTIONS AT DOCS. 23 AND
32]
JOHN
W. SEDWICK SENIOR JUDGE, UNITED STATES DISTRICT COURT
I.
MOTIONS PRESENTED
At
docket 23, plaintiff Allstate Fire and Casualty Co.
(“Allstate”) moves for an order compelling the
adjudication of competing claims to the proceeds of an
insurance policy it issued to Brian and Jodi Schindele. The
motion has been fully briefed. As will become clear from the
discussion relating to the motion at docket 32, this court is
without jurisdiction to entertain the motion at docket 23.
At
docket 32, Third-Party Defendants Dylan Schindele, Brian
Schindele, and Jodie Schindele (collectively “the
Schindeles”) moved to dismiss the Third-Party Complaint
filed by Scott Purkey and Mary-Jean Jones Purkey
(collectively “the Purkeys”). The motion is
supported by a memorandum at docket 33. Allstate filed a
non-opposition at docket 35. The Purkeys filed an opposition
at docket 53. Defendant United States of America (“the
United States”) filed its amended opposition at docket
54. The Schindeles filed a reply to the United States'
opposition at docket 57. The Schindeles
filed a reply to the Purkeys' opposition at docket 58.
Oral argument was not requested and would not be of aid to
the court.
II.
BACKGROUND
This
lawsuit arises out of an automobile accident. On July 23,
2017, Dylan Schindele, who is the son of Brian Schindele and
Jodie Schindele, was driving one of his parents'
automobiles North on the Parks Highway. The Purkeys were
traveling South on the Parks Highway on a motorcycle. There
was a collision which injured the Purkeys and damaged the
motorcycle.
Dylan
was an authorized driver on his parents Allstate insurance
policy. The policy limits were $50, 000 for each person
injured and $50, 000 for property damage. Within six months
there had been communications between Allstate and the
Purkey's lawyer, Yale Metzger, concerning a possible
resolution of the Purkey's' claims against the
Schindeles. From the materials provided to the court, it
appears that the parties were discussing a complete release
of all the Purkeys' claims in exchange for payment of
Allstate's policy limits plus statutory add-ons. The
parties' settlement efforts were complicated by the
assertion of a property damage subrogation claim by Geico
Insurance Co. and the discovery that the United States might
also assert a claim for medical care provided by the
Veterans' Administration.
Against
that background, Allstate filed the lawsuit at bar. According
to the Amended Complaint's First Cause of Action:
Allstate
and the Schindeles are entitled to the following relief:
a. Specific performance of the contract whereby Scott Purkey
releases and fully discharges Dylan, Brian, and Jodi
Schindele from all claims arising from the July 23, 2017
motor vehicle accident in exchange for payment of the per
person bodily injury limit plus the per occurrence property
damage limit under policy no 020 391 981; and
b. That, as the attorney for Scott Purkey, Yale Metzger
receive, in trust, the two settlement checks equaling $113,
946.58 currently in the possession of Michael Hanson in
exchange for Scott Purkey's updated signed and dated
Release of All Claims relative to Dylan, Brian and Jodi
Schindele.
c. That Scott Purkey be ordered to specifically perform Scott
Purkey's obligations set out in the Release of All
Claims, including without limitation, the obligation that
“the undersigned [Scott Purkey] shall distribute these
funds in accord with such claims [of the United States],
liens or rights to payment.”[1]
The
Second Cause of Action asks to inter-plead the funds by
depositing them in the court's registry. Thereafter, the
funds would be distributed upon the entry of an order
“fully protecting the Schindeles from the claims of all
claimants and distributing the Stake to the appropriate
claimants [and discharging Allstate] from any and all
liability under the [insurance policy].”[2]
The
Third Cause of Action asks for a declaratory judgment that
the Schindeles are “fully and finally released ad
discharged from all claims of all claimants ...