American Center for International Labor Solidarity v. Federal Insurance

548 F.3d 1103, 383 U.S. App. D.C. 416, 2008 U.S. App. LEXIS 25040, 91 Empl. Prac. Dec. (CCH) 43,405, 104 Fair Empl. Prac. Cas. (BNA) 1569, 2008 WL 5101317
CourtCourt of Appeals for the D.C. Circuit
DecidedDecember 5, 2008
Docket07-7173
StatusPublished
Cited by9 cases

This text of 548 F.3d 1103 (American Center for International Labor Solidarity v. Federal Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Center for International Labor Solidarity v. Federal Insurance, 548 F.3d 1103, 383 U.S. App. D.C. 416, 2008 U.S. App. LEXIS 25040, 91 Empl. Prac. Dec. (CCH) 43,405, 104 Fair Empl. Prac. Cas. (BNA) 1569, 2008 WL 5101317 (D.C. Cir. 2008).

Opinion

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

After completing the obligatory administrative process and receiving a right-to-sue letter from the Equal Employment Opportunity Commission, an employee of appellant American Center for International Labor Solidarity (ACILS) sued it for discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C § 2000e. ACILS notified its employment insurer, appellee Federal Insurance Company, of the pending lawsuit. Federal denied coverage, asserting that its insurance policy required ACILS to have informed Federal as soon as it knew charges had been filed with the Commission, rather than waiting until the start of litigation. ACILS then settled with the employee, only to turn around and sue Federal for reimbursement. Agreeing that notice at the time of suit came too late, the district court entered summary judgment for Federal. Because we read the policy the same way, we affirm.

*1104 I.

The policy defines a “claim,” in relevant part, as a “formal administrative or regulatory proceeding commenced by the filing of a notice of charges, formal investigative order or similar document.” Def.’s Mot. Summ. J. Ex. A (“Policy”) ¶ 22. The parties agree that if Commission proceedings qualify as “claims” under this language, then timely notice was both required and lacking. The parties also agree that Commission proceedings are “administrative” and “commenced by the filing of a notice of charges.” They have thus winnowed the issue on appeal to a narrow one: whether Commission proceedings are “formal,” and therefore “claims,” as the district court held. Because it did so on summary judgment, and because it construed the language of a contract, our review is de novo. See, e.g., Creekstone Farms Premium Beef, L.L.C. v. Dep’t of Agric., 539 F.3d 492, 497 (D.C.Cir.2008) (on summary judgment); Segar v. Mukasey, 508 F.3d 16, 22 (D.C.Cir.2007) (on contract interpretation).

Lurking within this dispute is an interesting question regarding the proper application of a central canon of construction governing insurance contracts, namely that “[ujnless the language ... is unambiguous, doubts are to be resolved in favor of the insured.” Nationwide Mut. Ins. Co. v. Richardson, 270 F.3d 948, 954 (D.C.Cir.2001) (citing District of Columbia law); see also Pa. Indem. Fire Corp. v. Aldridge, 117 F.2d 774, 775 (D.C.Cir.1941) (“[T]he general rule applicable in the interpretation of an insurance policy is that, if its language is reasonably open to two constructions, the one most favorable to the insured will be adopted”). ACILS claims that as the “insured” in this case it enjoys the benefit of the canon. Federal acknowledges this canon but believes it is more nuanced — that resolution of doubts “in favor of the insured” requires construing the policy in favor of insureds generally, rather than merely in favor of the policyholder in a particular case. According to Federal, it should get the benefit of the canon because, in general, insureds would favor its argument that the policy covers Commission proceedings as claims. And indeed, Federal has consistently interpreted its policy in this way, honoring over 20,000 claims for coverage of Commission proceedings and denying none. David L. Keenan Decl. ¶ 3. ACILS counters that the policy should not be construed in favor of insureds generally in this way because it needn’t be construed generally at all, i.e., the policy can be read in conflicting ways across cases so long as the reading in every case benefits the policyholder and makes the insurer liable for ambiguities that were entirely within its power to avoid. See Richardson, 270 F.3d at 954 (“The burden is on the insurer to spell out in terms understandable to the man in the street any provisions that would exclude coverage.” (internal quotation marks omitted)).

Interesting as this issue is, we need not address it because the canon exists to resolve ambiguities and because, as we explain below, we see no ambiguity in whether a Commission investigation qualifies as a “formal administrative or regulatory proceeding,” Policy ¶22. And so here, as always, we follow the definitive rule that where language is “clear and unambiguous, [it] will be enforced by the courts as written.” Hartford Accident & Indem. Co. v. Pro-Football, Inc., 127 F.3d 1111, 1114 (D.C.Cir.1997) (internal quotation marks omitted); see also Chase v. State Farm Fire & Cas. Co., 780 A.2d 1123, 1127 (D.C.2001) (where policy term excluding coverage “is not ambiguous, the courts must enforce [it] as written”) (internal quotation marks omitted).

II.

For the principal reason that their form is governed by extensive regulation, Com *1105 mission proceedings are surely formal. Regulations dictate every facet of the Commission’s work: the submission of information on alleged instances of discrimination, 29 C.F.R. § 1601.6; the form, content, and procedure for filing of charges, id. §§ 1601.7-.9, .11-12; the service of charges on alleged discriminators, id. § 1601.14; the Commission’s investigative authority, id. § 1601.15, subpoena power, id. § 1601.16, and power to compel witnesses for public hearings, id. § 1601.17; the procedure for Commission determinations of cause, settlement, and dismissal of proceedings, id. §§ 1601.18 — .21; the Commission’s power to initiate its own civil actions, id. § 1601.27; and the Commission’s role in empowering individuals to sue, id. § 1601.28; see also 42 U.S.C. § 2000e-5(f)(l).

That Commission proceedings are regular and formalized in this way is hardly surprising given their statutorily prescribed role as a necessary predicate to filing a Title VII suit. Id. Created by Congress as a kind of national triage center for discrimination claims, the Commission examines every charge, begins an investigation, gives an initial prognosis, attempts to resolve the issue quickly, and commits resources to the most pressing cases. That role, specified by statute and structured by regulation, can hardly be considered informal.

ACILS argues that because the Commission held no hearing and has no authority to adjudicate liability, its proceedings must be deemed informal.

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548 F.3d 1103, 383 U.S. App. D.C. 416, 2008 U.S. App. LEXIS 25040, 91 Empl. Prac. Dec. (CCH) 43,405, 104 Fair Empl. Prac. Cas. (BNA) 1569, 2008 WL 5101317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-center-for-international-labor-solidarity-v-federal-insurance-cadc-2008.