Allstate Insurance v. DiGiorgi

991 F. Supp. 767, 1998 U.S. Dist. LEXIS 1670, 1998 WL 59037
CourtDistrict Court, S.D. West Virginia
DecidedFebruary 11, 1998
Docket2:97-1171
StatusPublished
Cited by2 cases

This text of 991 F. Supp. 767 (Allstate Insurance v. DiGiorgi) is published on Counsel Stack Legal Research, covering District Court, S.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allstate Insurance v. DiGiorgi, 991 F. Supp. 767, 1998 U.S. Dist. LEXIS 1670, 1998 WL 59037 (S.D.W. Va. 1998).

Opinion

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendants’ motion to dismiss. The matter is ripe for review. For reasons that follow, the Court DENIES Defendants’ motion.

I. FACTUAL BACKGROUND

Danielle DiGiorgi, daughter of divorced parents Gino DiGiorgi and Amy Carte, 1 suffered an accidental gunshot wound while at her father’s residence on September 29,1996. *768 A neighborhood friend wounded Danielle, using a gun found in Gino DiGiorgi’s home.

At the time of the occurrence, Gino DiGior-gi’s home was insured under a policy issued by Plaintiff Allstate Insurance Company (“Allstate”). A claim was filed with Allstate on Danielle’s behalf. Based on its investigation of the claim, Allstate filed a complaint with this Court on December 3,1997, seeking a determination of its obligations under the policy. Allstate is the sole Plaintiff and Danielle DiGiorgi and.Amy Carte, the Defendants. It appears the main issue is whether any policy language excludes coverage for Danielle DiGiorgi. For instance, if Danielle was an “insured person or regular resident of the insured premises,” see Pl.’s Mem. Resp. at 3 (quoting Coverage Y of policy), an exclusion may preclude coverage.

On December 8, 1997 Danielle DiGiorgi, Amy Carte, Glenn A. Carte, Jr., and Danielle’s half-sister, Catherine Faye Carte, filed a complaint in the Circuit Court of Kanawha County, West Virginia. The defendants are Gino DiGiorgi and Allstate. The complaint sought (1) damages from Gino DiGiorgi for his alleged negligence; (2) declaratory judgment of Allstate’s obligations under the policy; and (3) damages from Allstate for its alleged unfair claims settlement practices in handling the case. Mr. and Mrs. Carte and Catherine Faye Carte also seek damages for loss of consortium.

On December 23, 1997 DanieEe DiGiorgi and Amy Carte moved to dismiss the federal action, arguing this Court should exercise its discretion to decline to hear the case.

II. DISCUSSION

A. Federal Jurisdiction for Declaratory Judgment Actions

Our Court of Appeals has held federal courts have discretion over whether to hear a declaratory judgment action under the Declaratory Judgment Act. Mitcheson v. Harris, 955 F.2d 235, 237 (4th Cir.1992). The Supreme Court has stated,

Consistent with the nonobligatory nature of the remedy, a district court is authorized, in the sound exercise of its discretion, to stay or to dismiss an action seeking a declaratory judgment before trial or after all arguments have drawn to a close. In the declaratory judgment context, the normal principle that federal courts should adjudicate claims within their jurisdiction yields to considerations of practicality and wise judicial administration.

Wilton v. Seven Falls Co., 515 U.S. 277, 288, 115 S.Ct. 2137, 132 L.Ed.2d 214 (1995). In an action such as this, where a lawsuit “involving the same parties and presenting opportunity' for ventilation of the same state law issues is pending in state court, a district court might be indulging in ‘[gratuitous interference,’ ... if it permitted the federal declaratory action to proceed!” Id. at 283. The declaratory judgment remedy “should not be used ‘to try a controversy by piecemeal, or to try particular issues without settling the entire controversy, or to interfere with an action which has already been instituted.’ ” Centennial Life Ins. Co. v. Poston, 88 F.3d 255, 256-57 (4th Cir.1996) (quoting Aetna Cas. & Sur. Co. v. Quarles, 92 F.2d 321, 325 (4th Cir.1937)).

B. The Fourth Circuit Framework

Consistent with Wilton, our Court of Appeals has established a framework to guide district courts in their decision whether to retain jurisdiction. First, a district court must consider the Quarles criteria of whether the federal action

(i) “ “will serve a useful purpose in clarifying and settling the legal relations in issue,’ ” and (ii) “ ‘will terminate and afford relief from the uncertainty, insecurity, and controversy giving rise to the proceeding.’ ”

Gatewood Lumber, Inc. v. Travelers Indemnity Co., 898 F.Supp. 364, 367 (S.D.W.Va.1995) (Haden, C.J.) (quoting Continental Cas. Co. v. Fuscardo, 35 F.3d 963, 965 (4th Cir.1994)) (citations omitted). If the first set of criteria are met, the district court next considers the criteria enumerated in Nautilus Insurance Co. v.. Winchester Homes, Inc., 15 F.3d 371, 377 (4th Cir.1994). This four-factor test is stated as:

1) the strength of the state’s interest in having the issues raised in the federal declaratory action decided in state court; *769 2) whether the issues raised in the federal action can be more efficiently resolved in the pending state action; 3) whether the federal action would result in unnecessary entanglement between the federal and state systems due to overlapping issues of fact or law; 4) whether the federal action is being used merely as a device for “procedural fencing,” i.e., to provide another forum in a race for res judicata.

Id. Particularly in cases in which an insurer seeks declaratory judgment on coverage issues, our Court of Appeals has stated the court’s discretion must be guided not only by the Quarles criteria but also “by the same considerations of federalism, efficiency, and comity that traditionally inform a federal court’s discretionary decision whether to' abstain from exercising jurisdiction over state law claims in the face of parallel litigation in the state courts.” Nautilus, 15 F.3d at 376.

C. Analysis

Declaratory relief would clearly satisfy the Quarles criteria of clarifying and settling the legal relations at issue and affording relief from the uncertainty giving rise to the proceedings.

The first Nautilus factor is the strength of the state’s interest in having the issues determined by the state court. Plaintiff: does not deny the issues before the Court are to be determined under West Virginia law, but argues that the case requires merely “the routine application of settled principles of law to particular disputed facts.” Id. at 378. Conversely, Defendants argue there are no West Virginia decisions on the substantive issue.

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Bluebook (online)
991 F. Supp. 767, 1998 U.S. Dist. LEXIS 1670, 1998 WL 59037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-digiorgi-wvsd-1998.