Allianz Insurance Files Complaint to Determine Who Gets Insurance Proceeds from Aerial Pesticide Incident

On Tuesday, Allianz Global Risks US Insurance Company filed a complaint for interpleader and declaratory judgment in the District of Wyoming against Sky Aviation Corporation and several real property owners in Wyoming (interpleader defendants).

According to the complaint, Sky Aviation is a Wyoming corporation that provides aerial application of pesticides for agriculture. The complaint states that from May 28, 2019, through May 31, 2019, a spray switch on one of Sky Aviation’s helicopters failed while conducting aerial application operations near Powell, Wyoming. The complaint further states that the failure resulted in damages to trees and agriculture on real property owned by the interpleader defendants. 

The complaint further states that Allianz is an Illinois insurance company and the issuer of Sky Aviation’s Aircraft Insurance Policy. Additionally, the complaint states that Sky Aviation’s Aircraft Insurance Policy contains a $200,000.00 bodily injury and property damage liability limit under its Amendatory Aerial Application Endorsement. 

The complaint states that the subject of the interpleader action is the remaining proceeds under the Amendatory Aerial Application Endorsement’s liability limit. Allianz purports that each of the interpleader defendants may assert various claims against Sky Aviation Corporation as a result of the May 2019 incident. 

However, Allianz argues that the claims made against Sky Aviation Corporation from the incident exceed the Amendatory Aerial Application Endorsement’s bodily injury and property damage liability limit. Further, Allianz states that it is unsure which of the interpleader defendants is entitled to what portion of the funds under the Amendatory Aerial Application Endorsement. 

Allianz states that it is ready, willing and able to pay the funds to the person or persons legally entitled to them, but because Allianz cannot determine the merits or validity of the respective claims, it asks the court to issue a declaratory judgment determining the entitled parties.  

In addition to declaratory relief, Allianz asks the court to authorize Allianz to deposit the remaining proceeds of the policy into the court’s registry, dismiss Allianz from the litigation and award Allianz attorney’s fees and costs.

Allianz is represented by Hall & Evans, LLC.