Binda v. Royal Insurance

744 A.2d 634, 144 N.H. 613, 2000 N.H. LEXIS 6
CourtSupreme Court of New Hampshire
DecidedJanuary 31, 2000
DocketNo. 97-688
StatusPublished
Cited by16 cases

This text of 744 A.2d 634 (Binda v. Royal Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Binda v. Royal Insurance, 744 A.2d 634, 144 N.H. 613, 2000 N.H. LEXIS 6 (N.H. 2000).

Opinion

BRODERICK, J.

The plaintiff, Jeffrey Binda, appeals a ruling of the Superior Court (Abramson, J.) dismissing his declaratory judgment petition as untimely because it was filed beyond the six-month limitations period provided under RSA 491:22 (1997). We reverse and order that Binda shall have sixty days from the date of this opinion to file a declaratory judgment petition on the December 1996 amended writ.

I

The incident giving rise to this dispute occurred at a residence in Hampton in which Binda allegedly assaulted intervenor Robert E. Mark, the police chief for the Town of Hampton. By writ returnable in September 1995, Mark and his wife Cathleen sued Binda, alleging that he “engaged in a course of willful, wanton and reckless conduct towards [Robert Mark]” in that he “charge[d]” Mark, “[struck Mark] in his chest and face, breaking his dentures and nearly sending him over the porch railing.” By letter dated March 19, 1996, the defendant, Royal Insurance Company (Royal), acknowledged receipt of the writ, warned Binda that his alleged conduct could be considered intentional and thus not subject to coverage, and advised him that it would conduct an investigation under a reservation of rights to determine coverage. On May 16, 1996, Royal wrote to Binda and denied coverage based on the intentional nature of his alleged conduct. In October 1996, the Marks filed a motion to amend their writ to charge Binda with negligence based on the same underlying factual allegations. On November 15, 1996, Binda filed a petition for declaratory judgment seeking coverage and a defense under two Royal policies. On December 16, 1996, the Trial Court (Gray, J.) granted the Marks’ motion to amend their writ.

In February 1997, Royal moved to dismiss Binda’s declaratory judgment petition as untimely under RSA 491:22. The trial court granted the motion, ruling that the “facts giving rise to the coverage dispute were known to Binda in March 1996 when he received the initial letter from Royal” and that he filed his declaratory judgment petition more than six months thereafter. In denying the Marks’ [615]*615motion to reconsider, the trial court further ruled that the amended writ did not change its analysis because the six-month limitations period expired approximately a month before the intervenors filed their motion to amend in October 1996 and the amended writ did not change the “substance of the specific factual allegations” in the original writ.

On appeal, Binda argues that: (1) the six-month limitations period was triggered when Royal denied coverage in May 1996; and (2) the Marks’ amended writ served to restart the six-month period. We address each argument in turn.

II

We first address Binda’s argument that the trial court erred in concluding that the March 1996 letter gave him notice of a coverage dispute. Binda asserts that the trial court expanded the statutory term “coverage dispute” to include potential, hypothetical coverage disputes that may or may not arise. He argues that he did not know nor reasonably could have known of “facts giving rise to [the] coverage dispute” as required by RSA 491:22, III until May 1996, when Royal actually denied coverage. We disagree, and assume without deciding that the underlying writ itself did not provide Binda with the necessary notice.

RSA 491:22, III states in pertinent part:

No [declaratory judgment] petition shall be maintained ... to determine coverage of an insurance policy unless it is filed within 6 months after the filing of the writ, complaint, or other pleading initiating the action which gives rise to the question; provided, however, that the foregoing prohibition shall not apply where the facts giving rise to such coverage dispute are not known to, or reasonably discoverable by, the insurer until after expiration of such 6-month period; and provided, further, that the superior court may permit the filing of such a petition after such period upon a finding that the failure to file such petition was the result of accident, mistake or misfortune and not due to neglect.

This statute “does not set forth a discovery rule such that the six-month period begins to run from the date of the discovery of the facts giving rise to the dispute over insurance coverage.” Hartford Ins. Co. v. Bird, 124 N.H. 784, 786, 480 A.2d 4, 5 (1984). Rather the six-month period runs from the date the underlying writ is filed. [616]*616Quincy Mutual Fire Ins. Co. v. Croteau, 127 N.H. 676, 678, 506 A.2d 303, 305 (1986). If, however, the facts giving rise to a coverage dispute are not known or reasonably discoverable until after the expiration of the six-month period, then a declaratory judgment petition may still be filed within a reasonable time frame (late discovery exception). Hartford Ins. Co., 124 N.H. at 786, 480 A.2d at 5. Because it is not disputed that Binda received notice of the March 1996 letter and filed his petition for declaratory judgment beyond the expiration of the six-month period, the late filing is not prejudicial only if the late discovery exception applies. Application of the “accident, mistake or misfortune” exception under RSA 491:22, III is not before us.

This case turns on our interpretation of the phrase “facts giving rise to [a] coverage dispute” under RSA 491:22, III. Cf. N.H. Ins. Guaranty Assoc. v. Piteo Frialator, 142 N.H. 573, 576, 705 A.2d 1190, 1192 (1998) (statutory interpretation is to be decided ultimately by this court). To adopt Binda’s interpretation would render superfluous the qualifying language “facts giving rise to.” See id. at 578, 705 A.2d at 1193 (legislature is presumed not to have used superfluous words). The statute does not, as Binda suggests, require an actual denial of coverage by an insurer before an insured must seek a determination of coverage or risk being time-barred. Rather, the language “giving rise to” demonstrates that the statute requires only that the insured know or be able to reasonably discover facts which form the basis of a coverage dispute. While, certainly, an insurer’s denial of coverage would apprise an insured of “facts giving rise to [a] coverage dispute,” see Mottolo v. U.S. Fidelity & Guaranty Co., 127 N.H. 279, 283, 498 A.2d 760, 764 (1985), the broad language of the statute embraces triggering circumstances short of this ultimate act. With this in mind, we review the March 1996 letter to determine whether it alerted Binda to “facts giving rise to [a] coverage dispute.”

In its March 1996 letter, Royal represented that it would conduct an investigation to determine coverage under a reservation of rights. It specifically stated that its policies “[did] not provide liability coverage for injuries which are either expected or intended from the standpoint of the insured,” and that the writ alleged that Binda “‘engaged in a course of willful, wanton and reckless conduct.’” Royal advised Binda that the allegations against him could be considered to be intentional and therefore not covered, and that his failure to provide prompt notice of the claim as required by the policies may have prejudiced its ability to investigate.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bunker v Midstate Mutual
2014 DNH 177 (D. New Hampshire, 2014)
Hansen v. Sentry Insurance Company
756 F.3d 53 (First Circuit, 2014)
Kierstead v. State Farm Fire & Casualty Co.
7 A.3d 1268 (Supreme Court of New Hampshire, 2010)
Babiarz v. Town of Grafton
930 A.2d 395 (Supreme Court of New Hampshire, 2007)
Enterasys v. Clarendon Insurance
2006 DNH 098 (D. New Hampshire, 2006)
In re Juvenile 2004-789-A
897 A.2d 940 (Supreme Court of New Hampshire, 2006)
Cincinnati Insur. v. Fab Tech, et al.
2005 DNH 096 (D. New Hampshire, 2005)
Craftsbury Co. v. Assurance Co. of America
834 A.2d 267 (Supreme Court of New Hampshire, 2003)
In re Estate of Locke
813 A.2d 1172 (Supreme Court of New Hampshire, 2002)
Martin v. Maine Mutual Fire Insurance
764 A.2d 911 (Supreme Court of New Hampshire, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
744 A.2d 634, 144 N.H. 613, 2000 N.H. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/binda-v-royal-insurance-nh-2000.