Cardin v. Commerce Insurance

14 Mass. L. Rptr. 500
CourtMassachusetts Superior Court
DecidedMarch 22, 2002
DocketNo. 0100642
StatusPublished

This text of 14 Mass. L. Rptr. 500 (Cardin v. Commerce Insurance) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cardin v. Commerce Insurance, 14 Mass. L. Rptr. 500 (Mass. Ct. App. 2002).

Opinion

Fecteau, J.

This case arises out of a motor vehicle accident between Jeannette Cardin (“the plaintiff’) and Mary Russell (“Russell”). At the time of the accident the plaintiff had automobile insurance with Commerce Insurance Company (“the defendant”). The plaintiff and Russell submitted their case to arbitration where the plaintiff recovered $18,000.00 after offsetting the PIP benefits paid.

Plaintiff then filed this action alleging that she is owed $4,273.80 in either PIP benefits or medical payment coverage from the defendant. The defendant now moves for summary judgment pursuant to Mass.R.Civ.P. 56 arguing: (1) that plaintiff s claims are barred through the doctrine of issue preclusion; (2) that the plaintiff has been fully compensated for her injuries; and (3) that the plaintiff has failed to establish that any benefits are owed to her. For the following reasons, defendant’s motion for summary judgment is ALLOWED.

BACKGROUND

The summary judgment record indicates the following facts, considered in the light most favorable to plaintiff as the non-moving party. On November 18, 1997, the plaintiff was injured in a car accident between her and Russell. The plaintiff filed suit against Russell and on September 14, 2000, both parties represented by counsel appeared before an arbitrator. The arbitrator found, among other things, that the plaintiff had been diagnosed with carpal tunnel syndrome in both wrists two months prior to the accident. After the accident, the plaintiff was treated for injuries related to the accident which included pain in her left arm, shoulder and neck. The plaintiff also underwent surgery for her carpal tunnel syndrome which the arbitrator found was not causally related to the accident.

[501]*501The arbitrator offset the PIP benefits paid to the plaintiff and awarded her $18,000.00 in addition to all other sums paid to or for her benefit from all other sources. The plaintiff then filed the action at bar.

DISCUSSION

I. Standard of Review.

Summary judgment is appropriate when no material facts are in dispute and the moving party is entitled to judgment as a matter of law. Mass.R.Civ. 56(c); Highlands Ins. Co. v. Aerovox, Inc., 424 Mass 226, 232 (1997). The moving party bears the burden of affirmatively demonstrating both the absence of triable issues and its entitlement to judgment as a matter of law. See Pederson v. Time, Inc., 404 Mass. 14, 17 (1989). A party moving for summary judgment who would not bear the burden of proof at trial may demonstrate the absence of triable issues by either submitting affirmative evidence negating an essential element of the non-moving party’s case or by showing that the non-moving party would have no reasonable expectation of proving an essential element of its case at trial. Kourouvacilis v. General Motors Corp., 410 Mass. 706, 716 (1991). To overcome a summary judgment motion, the non-moving party must articulate specific facts establishing the existence of general issues of material facts. Pederson, supra, at 17. Bare assertions or conclusions regarding an individual’s understandings and assumptions are insufficient to withstand a well pleaded motion for summary judgment. Polaroid Corp. v. Rollins Envtl. Servs., 416 Mass. 684, 696 (1993).

II. Issue Preclusion in Arbitration

“A fundamental precept of common-law adjudication, embodied in the related doctrines of collateral estoppel and res judicata, is that a ‘right, question, or fact distinctly put in issue and directly determined by a court of competent jurisdiction . . . cannot be disputed in a subsequent suit between the same parties or their privies.’ ” Fidler v. E.M. Parker Co., 394 Mass. 534, 539 (1985), quoting Montana v. United States, 440 U.S. 147, 153 (1979), quoting Southern Pac. R.R. v. United States, 168 U.S. 1, 48-49 (1968). A player not a party to the first action may use the doctrine of issue preclusion as a defense against a party who was the plaintiff in the first action on issues which were the subject of the judgment in the first case. See Fidler, supra, at 541. Issue preclusion does not “require mutuality of parties, so long as there is an identity of issues, a finding adverse to the party against whom it is being asserted, and a judgment by court or tribunal of competent jurisdiction.” See Miles v. Aetna Cas. & Sur. Co., 412 Mass. 424, 427 (1992), quoting Martin v. Ring, 401 Mass. 59, 61 (1987). When the above is satisfied the fundamental inquiry then becomes whether the issue on which preclusion is sought has been the product of full and careful deliberation. Id., citing Home Owners Fed. Sav. & Loan Assn v. Northwest Fire & Marine Ins. Co., 354 Mass. 448, 455 (1968).

"When arbitration affords opportunity for presentation of evidence and argument substantially similar in form and scope to judicial proceedings, the award should have the same effect on issues necessarily determined as a judgment has.” See Miles, supra, at 427, quoting Baily v. Metropolitan Property & Liab. Ins. Co., 24 Mass.App.Ct. 34, 36-37 (1987). An arbitration award can be preclusive if the same parties or their privies are involved. Id. at 36.

In the case at bar, the plaintiff argues that issue preclusion is not implicated in this action because an arbitrator's finding and a finding of a judge or jury can be inconsistent. The plaintiff cites Allstate Ins. Co. v. MacNeil, 32 Mass.App.Ct. 227 (1992), for this proposition but her reliance is misplaced. Not only are the facts not analogous to the case at bar but the outcome is not helpful to the plaintiff. A closer examination of Allstate, supra, by this Court is warranted to outline the plaintiff misuse of this case. In Allstate, MacNeil was injured in a car accident with Olson. MacNeil sued Olson in District Court where the judge ruled that MacNeil was not entitled to recover for his injuries against the owner of an underinsured or uninsured motorist. MacNeil then sought recovery from Allstate and Allstate refused. Under the Allstate policy, any disagreements as to coverage must be arbitrated. Allstate refused to take the matter to arbitration and argued that because the District Court ruled that MacNeil was not “legally entitled to recovery” the matter should not be arbitrated. The Appeals Court ruled that had Allstate not written its policy to include the option of arbitration in the face of disagreement between the parties, issue preclusion would prevent MacNeil from recovery. However, the Court ruled that because the policy clearly allowed for the agreement of the parties as to whether MacNeil was legally entitled to recover, Allstate was required by its terms to arbitrate.

Such is not the case in the action at bar. First, the original parties to the car accident first agreed to submit the issues of liability and damages to voluntary arbitration, much like a tort action being tried in a court. These issues were clearly decided by the arbitrator and more specifically, there was a definite finding that the plaintiffs carpal tunnel syndrome and the medical expenses associated therewith, was not causally related to the car accident.

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Related

Southern Pacific Railroad v. United States
168 U.S. 1 (Supreme Court, 1897)
Montana v. United States
440 U.S. 147 (Supreme Court, 1979)
Bailey v. Metropolitan Property & Liability Insurance
505 N.E.2d 908 (Massachusetts Appeals Court, 1987)
Martin v. Ring
514 N.E.2d 663 (Massachusetts Supreme Judicial Court, 1987)
Fidler v. E. M. Parker Co.
476 N.E.2d 595 (Massachusetts Supreme Judicial Court, 1985)
Pederson v. Time, Inc.
532 N.E.2d 1211 (Massachusetts Supreme Judicial Court, 1989)
Polaroid Corp. v. Rollins Environmental Services (NJ), Inc.
624 N.E.2d 959 (Massachusetts Supreme Judicial Court, 1993)
Kourouvacilis v. General Motors Corp.
575 N.E.2d 734 (Massachusetts Supreme Judicial Court, 1991)
Home Owners Federal Savings & Loan Ass'n v. Northwestern Fire & Marine Insurance
238 N.E.2d 55 (Massachusetts Supreme Judicial Court, 1968)
Miles v. Aetna Casualty & Surety Co.
589 N.E.2d 314 (Massachusetts Supreme Judicial Court, 1992)
Allstate Insurance v. MacNeil
588 N.E.2d 27 (Massachusetts Appeals Court, 1992)
Iaconi-Young v. Arbella Mutual Insurance
9 Mass. L. Rptr. 218 (Massachusetts Superior Court, 1998)

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Bluebook (online)
14 Mass. L. Rptr. 500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cardin-v-commerce-insurance-masssuperct-2002.