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FIDELITY & CASUALTY CO. v. LEPAGE

No. 5160.

105 N.H. 327 (1964)

FIDELITY & CASUALTY COMPANY v. ROBERT E. LEPAGE & a.

Supreme Court of New Hampshire.

Decided April 24, 1964.

Attorney(s) appearing for the Case

Booth, Wadleigh, Langdell, Starr & Peters and Robert F. McGinnis (Mr. McGinnis orally), for the plaintiff.

Broderick, Craig & Bourque (by brief) for the claimants Gerald Labrie, adm'r of the estate of Anthony Labrie, and Patrick Cassidy, adm'r of the estate of Roland Cassidy.

KENISON, C.J.

A bill of interpleader is a proper and appropriate remedy to pursue where the insurance proceeds are inadequate to satisfy pending claims. It enables a liability insurer to effect a ratable allocation of the proceeds of its policy among all the claimants in order to avoid any contention of negligence, bad faith or preferential treatment on its part in making a settlement with any of the claimants. Travelers Ind. Co. v. N. E. Box Co.,

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