Case 1:22-cv-00114-SWS Document 1 Filed 05/17/22 Page 1 of 12
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`James C. Worthen, # 6-3973
`Hall & Evans, LLC
`152 North Durbin Street, Suite 404
`Casper, Wyoming 82601
`Telephone: (307)333-6701
`Facsimile: (307)333-6352
`worthenj@hallevans.com
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`T. Thomas Singer, #5-1678
`Hall & Evans, LLC
`175 North 27th Street, Suite 1101
`Billings, MT 59101
`Telephone: (406)969-5227
`Facsimile: (406)969-5233
`singert@hallevans.com
`
`Jaclyn S. Laferriere, (Pro Hac Vice forthcoming)
`Hall & Evans, LLC
`1001 17th Street, Suite 300
`Denver, CO 80202
`Telephone: (303)628-3300
`Facsimile: (303)628-3368
`laferrierej@hallevans.com
`Attorneys for Interpleader-Plaintiff
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF WYOMING
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`Civil Action No. _______________
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`ALLIANZ GLOBAL RISKS US
`INSURANCE COMPANY, an Illinois
`Corporation,
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`Interpleader-Plaintiff,
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`v.
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`SKY AVIATION CORPORATION, a
`Wyoming Corporation; ROY KENT, an
`individual; ROB CRAGO, an individual;
`ROYAL STUKEY, an individual; LEON
`MILLER, an individual; JUANITA
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`SAPP, an individual; BRIAN MURRAY,
`an individual; DAVE NORTHROP, an
`individual d/b/a NORTHROP FARMS;
`LYLE EVELO, an individual; RICK
`RODRIQUEZ, an individual; DELFINO
`JUAREZ, an individual; CODY EASUM,
`an individual; MATT SAPP, an
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`individual; PAT SAPP, an individual;
`FRAN DUNCAN, an individual; TERRY
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`Case 1:22-cv-00114-SWS Document 1 Filed 05/17/22 Page 2 of 12
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`DUNCAN, an individual; JOHN/JANE
`DOES 1-10, and XYZ CORPORATIONS
`1-10,
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`Interpleader-Defendants.
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`COMPLAINT FOR INTERPLEADER AND DECLARATORY JUDGMENT
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`COMES NOW Plaintiff ALLIANZ GLOBAL RISKS US INSURANCE COMPANY
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`(“Interpleader-Plaintiff” or “Allianz”), by and through undersigned counsel, pursuant to Federal
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`Rule of Civil Procedure 22 and 57, and 28 U.S.C. § 2201, and files this Complaint for
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`Interpleader and Declaratory Judgment against Interpleader-Defendants and respectfully shows
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`the Court as follows:
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`PARTIES TO THIS COMPLAINT
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`1.
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`Interpleader-Plaintiff, Allianz Global Risks US Insurance Company (“Allianz”),
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`is an insurance corporation organized under the laws of the State of Illinois with its principal
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`place of business located in Chicago, Illinois.
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`2.
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`3.
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`Allianz is an insurance company licensed to do business in the State of Wyoming.
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`Sky Aviation Corporation is a Wyoming corporation with its principal place of
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`business in Worland, Wyoming.
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`4.
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`On information and belief, Interpleader-Defendant Roy Kent is an individual and
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`is a resident and citizen of Powell, Park County, State of Wyoming.
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`5.
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`On information and belief, Interpleader-Defendant Roy Kent owns real property
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`in Park County, State of Wyoming.
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`6.
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`On information and belief, Interpleader-Defendant Rob Crago is an individual and
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`is a resident and citizen of Powell, Park County, State of Wyoming.
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`Complaint for Interpleader and Declaratory Judgment – Page 2
`Allianz Global Risks US Ins.Co. v. Sky Aviation, et al.; Civil Action No. ________
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`Case 1:22-cv-00114-SWS Document 1 Filed 05/17/22 Page 3 of 12
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`7.
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`On information and belief, Interpleader-Defendant Rob Crago owns real property
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`in Park County, State of Wyoming.
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`8.
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`On information and belief, Interpleader-Defendant Royal Stukey is an individual
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`and is a resident and citizen of Powell, Park County, State of Wyoming.
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`9.
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`On information and belief, Interpleader-Defendant Royal Stukey owns real
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`property in Park County, State of Wyoming.
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`10.
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`On information and belief, Interpleader-Defendant Leon Miller is an individual
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`and is a resident and citizen of Powell, Park County, State of Wyoming.
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`11.
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`On information and belief, Interpleader-Defendant Leon Miller leases real
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`property owned by Juanita Sapp, in Park County, State of Wyoming.
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`12.
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`On information and belief, Interpleader-Defendant Juanita Sapp is an individual
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`and is a resident and citizen of Powell, Park County, State of Wyoming.
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`13.
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`On information and belief, Interpleader-Defendant Juanita Sapp owns real
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`property in Park County, State of Wyoming.
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`14.
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`On information and belief, Interpleader-Defendant Brian Murray is an individual
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`and is a resident and citizen of Powell, Park County, State of Wyoming.
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`15.
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`On information and belief, Interpleader-Defendant Brian Murray owns real
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`property in Park County, State of Wyoming.
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`16.
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`On information and belief, Interpleader-Defendant Dave Northrop is an individual
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`and is a resident and citizen of Powell, Park County, State of Wyoming.
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`17.
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`On information and belief, Interpleader-Defendant Dave Northrop owns and
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`operates Northrop Farms.
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`Complaint for Interpleader and Declaratory Judgment – Page 3
`Allianz Global Risks US Ins.Co. v. Sky Aviation, et al.; Civil Action No. ________
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`Case 1:22-cv-00114-SWS Document 1 Filed 05/17/22 Page 4 of 12
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`18.
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`On information and belief, Interpleader-Defendant Dave Northrop owns real
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`property in Park County, State of Wyoming.
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`19.
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`On information and belief, Interpleader-Defendant Lyle Evelo is an individual
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`and is a resident and citizen of Powell, Park County, State of Wyoming.
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`20.
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`On information and belief, Interpleader-Defendant Lyle Evelo owns real property
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`in Park County, State of Wyoming.
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`21.
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`On information and belief, Interpleader-Defendant Rick Rodriquez is an
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`individual and is a resident and citizen of Powell, Park County, State of Wyoming.
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`22.
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`On information and belief, Interpleader-Defendant Rick Rodriquez owns real
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`property in Park County, State of Wyoming.
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`23.
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`On information and belief, Interpleader-Defendant Delfino Juarez is an individual
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`and is a resident and citizen of Powell, Park County, State of Wyoming.
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`24.
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`On information and belief, Interpleader-Defendant Delfino Juarez owns real
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`property in Park County, State of Wyoming.
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`25.
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`On information and belief, Interpleader-Defendant Cody Easum is an individual
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`and is a resident and citizen of Powell, Park County, State of Wyoming.
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`26.
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`On information and belief, Interpleader-Defendant Cody Easum owns real
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`property in Park County, State of Wyoming.
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`27.
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`On information and belief, Interpleader-Defendant Matt Sapp is an individual and
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`is a resident and citizen of Powell, Park County, State of Wyoming.
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`28.
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`On information and belief, Interpleader-Defendant Matt Sapp owns real property
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`in Park County, State of Wyoming.
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`Complaint for Interpleader and Declaratory Judgment – Page 4
`Allianz Global Risks US Ins.Co. v. Sky Aviation, et al.; Civil Action No. ________
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`Case 1:22-cv-00114-SWS Document 1 Filed 05/17/22 Page 5 of 12
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`29.
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`On information and belief, Interpleader-Defendant Pat Sapp is an individual and
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`is a resident and citizen of Powell, Park County, State of Wyoming.
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`30.
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`On information and belief, Interpleader-Defendant Pat Sapp owns real property in
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`Park County, State of Wyoming.
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`31.
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`On information and belief, Interpleader-Defendant Fran Duncan is an individual
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`and is a resident and citizen of Powell, Park County, State of Wyoming.
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`32.
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`On information and belief, Interpleader-Defendant Fran Duncan owns real
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`property in Park County, State of Wyoming.
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`33.
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`On information and belief, Interpleader-Defendant Terry Duncan is an individual
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`and is a resident and citizen of Powell, Park County, State of Wyoming.
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`34.
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`On information and belief, Interpleader-Defendant Terry Duncan owns real
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`property in Park County, State of Wyoming.
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`35.
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`On information and belief, Interpleader-Defendant John/Jane Does 1–10 are
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`individuals and are residents of the State of Wyoming. Interpleader-Defendant John/Jane Does
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`1–10 are unknown Interpleader-Defendants who, upon information and belief, may have suffered
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`damages as a result of the event described below.
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`36.
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`On information and belief, Interpleader-Defendant XYZ Corporations 1–10 are
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`corporations and are residents of the State of Wyoming. Interpleader-Defendant XYZ
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`Corporations 1–10 are unknown Interpleader-Defendants who, upon information and belief, may
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`have suffered damages as a result of the event described below.
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`Complaint for Interpleader and Declaratory Judgment – Page 5
`Allianz Global Risks US Ins.Co. v. Sky Aviation, et al.; Civil Action No. ________
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`Case 1:22-cv-00114-SWS Document 1 Filed 05/17/22 Page 6 of 12
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`JURISDICTION AND VENUE
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`37.
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`This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1332 because
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`every Interpleader-Defendant is diverse in citizenship from Interpleader-Plaintiff, and the
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`amount in controversy exceeds $75,000.00.
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`38.
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`This Court has jurisdiction over this interpleader action pursuant to Federal Rule
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`of Civil Procedure 22. An actual and substantial controversy exists between the parties. Allianz
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`is subject to competing claims for the limits of liability under an Aircraft Insurance Policy issued
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`to its insured, Sky Aviation Corporation.
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`39.
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`Venue is proper under 28 U.S.C. § 1391 because all of the defendants live in
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`Wyoming and at least one defendant lives in Park County, Wyoming, which is located in this
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`Court’s judicial district. Furthermore, the events giving rise to this action occurred in Park
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`County, Wyoming.
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`THE INCIDENT
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`40.
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`Sky Aviation Corporation is a Wyoming corporation which provides, among
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`other services, aerial application for agriculture.
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`41.
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`On or about May 28, 2019, through May 31, 2019, a pilot-operated spray switch
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`on a helicopter used for aerial application on behalf of Sky Aviation Corporation failed while
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`conducting aerial application operations near Powell, Wyoming.
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`42.
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` The failure caused the intermittent uncommanded activation of the spray pump
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`and nozzles, resulting in drift damage to trees and agricultural crops on certain real property in
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`Park County, Wyoming (“the incident”).
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`Complaint for Interpleader and Declaratory Judgment – Page 6
`Allianz Global Risks US Ins.Co. v. Sky Aviation, et al.; Civil Action No. ________
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`Case 1:22-cv-00114-SWS Document 1 Filed 05/17/22 Page 7 of 12
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`THE POLICY
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`43.
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`Allianz issued an Aircraft Insurance Policy to Named Insured Sky Aviation
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`Corporation, policy number A2GA000355319AM (“the Policy”), attached as Exhibit A.
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`44.
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`The Policy had a policy period of May 2, 2019, to May 2, 2020, and was in effect
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`at the time of incident.
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`45.
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`The Policy issued to Sky Aviation Corporation included an Amendatory Aerial
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`Application Endorsement with an effective date of May 2, 2019, which states as follows in
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`relevant part:
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`AMENDATORY AERIAL APPLICATION ENDORSEMENT
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`* * *
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`Regardless of anything to the contrary in Exclusion 9. d) of this policy, the Company will pay on behalf of the In-
`sured all sums the Insured shall become legally obligated to pay as damages because of bodily injury or
`prop-erty damage resulting from the aerial application of chemicals applied by the Named Insured. The total
`limit of the Company’s liability for coverage provided by this endorsement shall not exceed the limits stated
`below:
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`LIMITS OF INSURANCE - The following limits apply only to the Chemical category:
`CC.
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`* * *
`COVERAGE D: SINGLE LIMIT BODILY
`INJURY
`AND
`DAMAGE
`PROPERTY
`EXCLUDING PASSENGERS
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`$ 200,000
`$ 200,000
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`Each Occurrence
`Aggregate
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`(Policy, AMENDATORY AERIAL APPLICATION ENDORSEMENT, Endorsement
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`Number 5, AGCS-AV 8200 (07-06), Exhibit A, at p. 26.)
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`46.
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`The Endorsement provides the following definitions:
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`“Aerial Application” means the application of chemicals by aircraft including flights to and from the place
`the Insured will be applying chemicals.
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`“Chemical(s)” means any substance or mixture of substances intended to prevent, destroy, repel or mitigate any
`pest, or any substance or mixture of substances intended for use as a plant or tree regulator, defoliant or
`desiccant. The common name of a chemical includes preparations of the chemical, in any form, having a trade or
`proprietary name.
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`"Comprehensive Chemical (CC)" means seeds, fertilizers, or any chemical.
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`* * *
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`Complaint for Interpleader and Declaratory Judgment – Page 7
`Allianz Global Risks US Ins.Co. v. Sky Aviation, et al.; Civil Action No. ________
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`Case 1:22-cv-00114-SWS Document 1 Filed 05/17/22 Page 8 of 12
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`(Policy, AMENDATORY AERIAL APPLICATION ENDORSEMENT, Endorsement
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`Number 5, AGCS-AV 8200 (07-06), Exhibit A, at p. 27.)
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`47.
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`The Insuring Agreements of the Policy states as follows in relevant part:
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`INSURING AGREEMENTS
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`The Company agrees:
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`* * *
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`4) DEFENSE, SETTLEMENT AND SUPPLEMENT-
`ARY PAYMENTS
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`Under Coverages A, B, C and D
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`The Company shall have the right and duty to de-
`fend any suit against the Insured seeking damages
`on account of Bodily Injury or Property Damage,
`even if any of the allegations of the suit are
`ground-less, false or fraudulent, and may make
`such inves-tigation and settlement of any claim or
`suit as it deems expedient, but the Company shall
`not be ob-ligated to pay any claim or judgment or
`to defend any suit after the applicable limit of the
`Company’s
`liability has been exhausted by
`payment of judg-ments or settlements.
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`* * *
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`(Policy, INSURING AGREEMENTS, AGCS-AC 1400 (09-09), Exhibit A, at p. 10.)
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`48.
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`The subject of this interpleader action is the remaining proceeds under the
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`Amendatory Aerial Application Endorsement’s $200,000.00 bodily injury and property damage
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`liability limit for each occurrence and in the aggregate.
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`49.
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`Due to a prior settlement of $601.04, the available bodily injury and property
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`damage liability coverage is $199,398.96.
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`COUNT I – INTERPLEADER
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`50.
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`Paragraphs One (1) through Forty-Nine (49) are incorporated and realleged as
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`though fully set forth herein.
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`51.
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`Upon information and belief, Interpleader-Defendants resided on, owned, or
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`leased real property that was the subject of the incident.
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`Complaint for Interpleader and Declaratory Judgment – Page 8
`Allianz Global Risks US Ins.Co. v. Sky Aviation, et al.; Civil Action No. ________
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`Case 1:22-cv-00114-SWS Document 1 Filed 05/17/22 Page 9 of 12
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`52.
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`Upon information and belief, Interpleader-Defendants may assert various claims
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`against Sky Aviation Corporation as a result of the incident, including claims for property
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`damage and/or bodily injury.
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`53.
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`Upon information and belief, the Policy provides bodily injury and property
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`damage coverage to Interpleader-Defendants as a result of the incident.
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`54.
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`Upon information and belief, Interpleader-Defendants have made or may make
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`claims on the Policy as a result of the incident for their bodily injury and/or property damage.
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`55.
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`The claims made on the Policy against Sky Aviation Corporation as a result of the
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`incident exceed the Amendatory Aerial Application Endorsement’s bodily injury and property
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`damage liability limit, which is $200,000 each occurrence and in the aggregate
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`56.
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`The claims made on the Policy may expose Allianz and/or Sky Aviation
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`Corporation to multiple liability, including multiple claims on the same limited bodily injury and
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`property damage coverage available under the Policy.
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`57.
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`The interests that Interpleader-Defendants claim are adverse and independent to
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`the other Interpleader-Defendants because the claims asserted may exceed the policy limits.
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`58.
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`Allianz is unsure which Interpleader-Defendant is entitled to what portion of the
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`funds.
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`59.
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`Allianz is a disinterested stakeholder with reasonable doubt as to the party or
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`parties entitled to funds in its possession.
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`60.
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`Allianz in good faith interpleads the Defendants and is therefore entitled to
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`recover its reasonable attorney fees and costs.
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`61.
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`Allianz timely files this complaint after receiving notice of multiple claims in
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`order to full discharge its liability and to permit Interpleader-Defendants to establish their claim
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`Complaint for Interpleader and Declaratory Judgment – Page 9
`Allianz Global Risks US Ins.Co. v. Sky Aviation, et al.; Civil Action No. ________
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`Case 1:22-cv-00114-SWS Document 1 Filed 05/17/22 Page 10 of 12
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`or claims to the disputed funds. Allianz has not unreasonably delayed filing an action for
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`interpleader.
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`62.
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`Allianz is now ready, willing, and able to pay the funds to the person or persons
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`legally entitled to them. However, because Allianz cannot determine the merits or validity of the
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`respective claims to the funds, Allianz is, therefore, exposed to multiple liability.
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`63.
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`Allianz is in possession of the property subject to this interpleader and agrees and
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`intends to unconditionally tender the property into the Court’s registry. Allianz requests leave to
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`deposit the disputed property into the registry of the Court.
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`64.
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`Each of the Interpleader-Defendants should be required to demonstrate their claim
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`against the Policy or be barred from making any claim against the Policy.
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`65.
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`Due to a prior settlement of $601.04, the available bodily injury and property
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`damage liability coverage is $199,398.96.
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`66.
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`Allianz has no duty to pay any amount more than its $200,000 policy proceeds in
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`this interpleader proceeding where the remaining policy amount of $199,398.96 has been
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`interpleaded and deposited with the Court.
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`COUNT II – DECLARATORY RELIEF
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`67.
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`Paragraphs One (1) through Sixty-Six (66) are incorporated and realleged as
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`though fully set forth herein.
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`68.
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`Pursuant to Federal Rule of Civil Procedure 57 and 28 U.S. Code § 2201, Allianz
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`seeks a judicial determination concerning the scope and nature of its rights and obligations under
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`its Policy issued to Sky Aviation Corporation, policy number A2GA000355319AM.
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`Complaint for Interpleader and Declaratory Judgment – Page 10
`Allianz Global Risks US Ins.Co. v. Sky Aviation, et al.; Civil Action No. ________
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`Case 1:22-cv-00114-SWS Document 1 Filed 05/17/22 Page 11 of 12
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`69.
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`Allianz is entitled to the Court’s declaratory judgment that Allianz has discharged
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`all of its indemnification obligations under the Policy and owes no further duty to indemnify Sky
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`Aviation Corporation under the Policy for claims against it because of the incident.
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`70.
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`Allianz is entitled to a declaration that once its limit of liability insurance has been
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`exhausted its duty to defend ends.
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`71.
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`Once Allianz deposits the remaining policy limits of $199,398.96 into the Court
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`and is dismissed from the Interpleader, its duty to defend Sky Aviation Corporation ends,
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`pursuant to the Policy.
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`PRAYER FOR RELIEF
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`72.
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`For these reasons, Interpleader-Plaintiff Allianz requests that the Court do the
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`following:
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`a. Declare the Interpleader appropriate;
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`b. Authorize Interpleader-Plaintiff to deposit the remaining proceeds of Policy
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`Number A2GA000355319AM into the Court’s registry;
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`c. Declare that by paying the policy limits into the Court’s registry, Interpleader-
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`Plaintiff’s obligations under the Policy are satisfied and discharge Interpleader-
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`Plaintiff from any further liability under said policy;
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`d. Dismiss Interpleader-Plaintiff from this litigation with prejudice;
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`e. Enjoin and restrain Interpleader-Defendants and anyone claiming by or through
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`them from instituting any action or proceeding in any state or federal court against
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`Allianz or Sky Aviation Corporation related to the Policy proceeds or the
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`coverage under the Policy, including any interest or claims related thereto;
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`Complaint for Interpleader and Declaratory Judgment – Page 11
`Allianz Global Risks US Ins.Co. v. Sky Aviation, et al.; Civil Action No. ________
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`Case 1:22-cv-00114-SWS Document 1 Filed 05/17/22 Page 12 of 12
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`f. Award Interpleader-Plaintiff its costs and attorney fees associated with this action
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`from the funds it seeks to interplead;
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`g. Award Interpleader-Plaintiff all other relief to which it is entitled.
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`Respectfully submitted this 17th day of May, 2022.
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`s/ James C. Worthen
`James C. Worthen #6-3973
`Hall & Evans, LLC
`152 North Durbin Street, Suite 404
`Casper, Wyoming 82601
`Telephone: (307)333-6701
`Facsimile: (307)333-6352
`worthenj@hallevans.com
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`T. Thomas Singer, #5-1678
`Hall & Evans, LLC
`175 North 27th Street, Suite 1101
`Billings, MT 59101
`Telephone: (406)969-5227
`Facsimile: (406)969-5233
`singert@hallevans.com
`
`Jaclyn S. Laferriere, (Pro Hac Vice forthcoming)
`Hall & Evans, LLC
`1001 17th Street, Suite 300
`Denver, CO 80202
`Telephone: (303)628-3300
`Facsimile: (303)628-3368
`laferrierej@hallevans.com
`Attorneys for Interpleader-Plaintiff
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`Complaint for Interpleader and Declaratory Judgment – Page 12
`Allianz Global Risks US Ins.Co. v. Sky Aviation, et al.; Civil Action No. ________
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