PHILADELPHIA – An Oklahoma insurance provider has filed an interpleader complaint in an attempt to determine the proper amount and recipient of insurance funds, in the wake of a fatal automobile accident which took place in Northeast Philadelphia last fall.
Bristol West Insurance Company of Oklahoma City, Okla. filed suit in the Philadelphia County Court of Common Pleas on June 16 against the Estate of Maggie Lynn Goloff, the Estate of Usmann Zeynulov and Antoinette Page, all of Philadelphia.
Bristol West had issued a personal automobile insurance policy to Mohamed Shamin, which provided coverage up to $25,000 per person and for up to $50,000 per accident.
“On Oct. 14, 2016, Ahmed Shamin was operating a vehicle listed on the policy of insurance issued to Mohamed Shamin when he was involved in an automobile accident that resulted in the deaths of Maggie Lynn Goloff and Usmann Zeynulov, along with Antoinette Page suffering personal injuries. Under the insurance policy terms, Bristol West Insurance Company agreed to pay on behalf of its insured, the total amount of $50,000 to $100,000 to the Estate of Maggie Lynn Goloff, the Estate of Usmann Zeynulov and Antoinette Page in exchange for full releases. Bristol West Insurance Company recognizes its duty to defend its insured, Mohamed Shamin and the driver of the vehicle, Ahmed Shamin, against such suits and to pay on behalf of the insured, all sums that the insured shall become legally obliged to pay as damages, subject to its policy limits of $25,000/50,000,” the suit says.
All of the defendants involved in the case called on Bristol West to settle their claims out of the funds mentioned above, the claims in question exceed the total amount of liability insurance available to both Mohamed and Ahmed Shamin. As such, the extent of the claims and the uncertainty surrounding the amounts to be paid and to whom, leaves Bristol West and the Shamins open to multiple and possible conflicting claims and suits, according to the complaint.
“As a result of the conflicting claims, plaintiff is in doubt and cannot safely determine from among the claims, without hazard to itself and its insured, which claims it may safely pay and therefore requires the assistance of the Court. Therefore, Bristol West Insurance Company, herewith seeks to pay into the registry of this Court the sum of $50.000, the amount due under the policy for claims arising out of the accident or occurrence set forth above, to abide by the Orders of Judgments of this Court,” the suit reads.
The plaintiff is seeking each of the defendant claimants be ordered to interplead and settle among themselves their rights and claims to the sum of $25,000 per person/$50,000 per accident due and payable under the above-mentioned contract and insurance policy; that the Court enter an order enjoining and restraining each of the defendant claimants from instituting or prosecuting further any proceeding in pursuit of proceeds of the above-referenced contract and policy of insurance, based upon the accident or occurrence described herein; that the Court enter an order discharging the plaintiff, Bristol West Insurance Company, of all liability to any defendant claimant of any money paid or delivered into this Court; that on final hearing, each of the defendants and their agents, attorneys, representatives and assigns, and all person claiming by, through or under them, be perpetually enjoined and restrained from instituting or prosecuting further any proceeding against the plaintiff, Bristol West Insurance Company, in pursuit of proceeds paid on the aforementioned contract and policy of insurance; that plaintiff, Bristol West Insurance Company, Mohamed Shamin and Ahmed Shamin be fully and finally discharged from all further liability by reason of payments of the proceeds of the insurance policy into this Court; and that the Court grant such and other further relief as may be deemed just.
The plaintiff is represented by James L. Barlow of the Law Offices of James L. Barlow, in King of Prussia.
Philadelphia County Court of Common Pleas case 170601869
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com