TRAVELERS INDEM. CO. OF ILLINOIS v. MOORE
642 F.Supp. 1119 (1986)
The TRAVELERS INDEMNITY COMPANY OF ILLINOIS, Plaintiff,
Roy MOORE, Individually and as Administrator of the Estate of Gregory Moore; Shirley Moore; Eric Moore; Allen Tomlinson; Nancy Tomlinson; Critic Mills, Inc.; Washington Hospital Center; Burlington Northern Railroad; the Royal Insurance Company of America; Aetna Casualty and Surety of Illinois; Illinois Department of Public Aid; Employers of Wausau Insurance; First State Insurance, Defendants.
United States District Court, C.D. Illinois, Springfield Division.
September 5, 1986.
Frederick P. Velde, Heyl, Royster, Voelker & Allen, Springfield, Ill., for plaintiff.
William A. Allison, Dane, Allison, Saint & Ehlers, Bloomington, Ill., Steven D. Keefe, Washington, D.C., David S. Fleming, Karon, Morrison & Savikas, Chicago, Ill., Robert E. Gillespie, Michael Logan, Calandrino, Logan, Robison & Long, Brent Cain, Giffin, Winning, Lindner, Newkirk, Cohen & Bodewes, Mary Lee Leahy, Springfield, Ill., Barry N. Gutterman, Naperville, Ill., for defendants.
OPINION AND ORDER
MILLS, District Judge:
We apply here the concept of "depecage".
On April 1, 1982, an explosion occurred at a welding shop in Cass County, Illinois, resulting in serious injury to three persons named as Defendants in this lawsuit. Sometime after the explosion, the insurance carrier for the shop, the Travelers Indemnity Company of Illinois (Travelers), filed this statutory interpleader action pursuant to 28 U.S.C. § 1335 against Roy
Moore (administrator of the estate of Gregory Moore, who was killed in the explosion), the Washington Hospital Center of Washington, D.C. (which treated Gregory Moore), and a variety of other parties.
The action seeks a declaratory judgment as to how the proceeds of the insurance policy covering the shop, currently deposited in escrow by Travelers, should be distributed. Presently before the Court are cross motions for summary judgment on Counts I and II of Washington Hospital's cross-claim against Moore, which seeks a declaration that as a result of services it provided to Gregory Moore, the hospital has a valid and enforceable lien against (1) the estate of Gregory Moore, and (2) the proceeds of any wrongful death claim Moore may have against any negligent party. Also before the Court are motions for summary judgment filed by other parties asserting claims to the proceeds of the insurance policy.1 These parties move for summary judgment on their cross-claims against Washington Hospital for declaratory relief to the effect that the hospital has no lien or claim to those proceeds.Summary Judgment Standard Summary judgment is proper only when "there is no genuine issue as to any material fact and ... the moving party is entitled to judgment as a matter of law." Fed.R. Civ.P. 56(c). In determining whether an issue of material fact exists, the Court must construe the facts alleged in the light most favorable to the party opposing the motion for summary judgment. Adickes v. S.H. Kress & Co.,398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Stumph v. Thomas & Skinner, Inc.,770 F.2d 93, 97 (7th Cir.1985). Cross motions for summary judgment require no less careful scrutiny of the factual allegations. LacCourte Oreilles Band of Lake Superior Chippewa Indians v. Voigt,700 F.2d 341, 349 (7th Cir.1983). In determining whether such undisputed facts entitle one of the parties to judgment in their favor, the Court's inquiry "unavoidably asks whether reasonable jurors could find by a preponderance of the evidence that the [moving party] is entitled to a verdict—`whether there is [evidence] upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.'" Anderson v. Liberty Lobby, Inc., ___ U.S. ___, ___, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986) (quoting Improvement Co. v. Munson, 14 Wall. 442, 448, 81 U.S. 442, 20 L.Ed. 867 (1872) (emphasis in original)).