Carpetland, U.S.A. v. J.L. Adler Roofing, Inc.

107 F.R.D. 357, 1985 U.S. Dist. LEXIS 16081
CourtDistrict Court, N.D. Illinois
DecidedSeptember 11, 1985
DocketNo. 84 C 9897
StatusPublished
Cited by7 cases

This text of 107 F.R.D. 357 (Carpetland, U.S.A. v. J.L. Adler Roofing, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carpetland, U.S.A. v. J.L. Adler Roofing, Inc., 107 F.R.D. 357, 1985 U.S. Dist. LEXIS 16081 (N.D. Ill. 1985).

Opinion

MEMORANDUM OPINION AND ORDER

GETZENDANNER, District Judge:

Carpetland, U.S.A., brings this diversity action seeking damages in the amount of $215,714.16 allegedly incurred as a result of defendant’s attempts to repair plaintiff’s roof. Defendant claims that in the course of discovery it was revealed that of the $215,714.16 alleged as damages, only $2,500 represents damages allegedly sustained by plaintiff. The balance is said to represent the amount that Affiliated FM (“FM”), plaintiff’s insurer, has paid to plaintiff for the loss sustained. Plaintiff admits that FM is its insurer and that FM reimbursed plaintiff for the entire loss except for the $2,500 deductible amount of the policy. Defendant moves this court to compel the joinder of FM as a party plaintiff. For the reasons stated below, the motion is granted.

Under Rule 17(a) of the Federal Rules of Civil Procedure, “[ejvery action shall be prosecuted in the name of the real party in interest.” Fed.R.Civ.P. 17(a). An action may involve two real parties in interest, as is the case with partial subrogation of claims. Specifically, when an insurer has paid part of an insured’s claim, then in an action by the insured against the wrongdoer for the entire loss, the insurer has been held to be a real party in interest to the extent of the reimbursement; the insured is also a real party in interest to the extent of the whole amount of the loss. Virigina Electric Power Co. v. Westinghouse Electric Corp., 485 F.2d 78, 84 (4th Cir.1973), cert. denied, 415 U.S. 935, 94 S.Ct. 1450, 39 L.Ed.2d 493 (1974). See also United States v. Aetna Casualty & Surety Co., 338 U.S. 366, 380-81, 70 S.Ct. 207, 215-16, 94 L.Ed. 171 (1949); Gas Service Co. v. Hunt, 183 F.2d 417 (10th Cir.1950); 3A Moore’s Federal Practice ¶ 17.09 [2.-1], at p. 108 (2d ed. 1985). Indeed, not only does plaintiff concede that FM, the insurer, is a real party in interest in this case, but Indiana substantive law follows this general rule of considering the subrogated insurer to have a right to maintain a cause of action against an insured’s wrongdoer and therefore be a real party in interest. Pittsburgh, Cincinnati, Chicago and St. Louis Railway Co. v. Home Insurance Co., 183 Ind. 355, 108 N.E. 525 (1915); Baltimore [359]*359and Ohio Railroad Company v. Day, 91 Ind.App. 347, 166 N.E. 668 (1929). When the insured sues and prevails against the wrongdoer for the entire loss, the insurer has an equitable interest in the recovery to the extent of its payment to the insured. See Lake Erie & Western Railway Co. v. Hobbs, 40 Ind.App. 511, 516, 81 N.E. 90, 91 (1907). Because state substantive law governs the determination of who possesses a real interest in a diversity action, see, e.g., Casualty Indemnity Exchange v. Village of Crete, 731 F.2d 457 (7th Cir.1984), American National Bank & Trust Co. of Chicago v. Weyerhaeuser Co., 692 F.2d 455 (7th Cir.1982), and because Indiana law governs the action here, both plaintiff (whose real interest is not disputed) and FM are real parties in interest.

The question, then, is whether a non-party who is nevertheless a real party in interest to an action must, under federal procedural law, be joined. Plaintiff seeks to answer this question by relying on the language of Fed.R.Civ.P. 19(a)(2). This rule provides that a real party in interest must be joined if feasible — that is, if the party is subject to service of process and the party’s joinder will not destroy subject matter jurisdiction:

[Rule 19] (a) PERSONS TO BE JOINED IF FEASIBLE. A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if ... [omitting subsection (1) not relevant here] (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest____

Here, FM is a real party in interest because “he claims an interest relating to the subject matter of the action.” Plaintiff argues, however, that FM cannot be joined because the further prerequisites of Rule 19(a)(2) are not satisfied. Specifically, plaintiff argues that FM is not so situated that the disposition of the action in its absence may either (1) adversely affect its interest or (2) leave defendant subject to the risk of double, multiple, or inconsistent obligations. Plaintiff’s position that Rule 19(a)(2)(i) is not satisfied is based on the assertion — which defendant does not dispute — that FM’s interest in the litigation is fully represented by plaintiff’s counsel. Thus, FM has the opportunity in this action to fully litigate its rights arising out of the subrogation. Plaintiff’s contention that Rule 19(a)(2)(H) is not satisfied is based on the proposition that FM, by virtue of its status as plaintiff’s insurer and its participation and assistance in this litigation, will be bound by the judgment of this case. Therefore, defendant stands no risk of suffering any additional obligations from a suit by the insurer. This proposition is not disputed by defendant, and it is supported by Indiana law on claim preclusion. See, e.g., Roby v. Eggers, 130 Ind. 415, 29 N.E. 365 (1891); Williamson v. Purity Bakeries of Indiana, 101 Ind.App. 441, 193 N.E. 717 (1934); Hine v. Wright, 110 Ind.App. 385, 36 N.E.2d 972 (1941).

Plaintiff’s argument, essentially, is that the question of whether a real party in interest must be joined is answered solely by reference to Rule 19(a). Some .courts, all outside the Seventh Circuit, have approved of plaintiff’s argument. See, e.g., Dudley v. Smith, 504 F.2d 979 (5th Cir.1974), White Hall Building Corp. v. Profexray Division of Litton Industries, Inc., 387 F.Supp. 1202 (E.D.Pa.1974), Sheldon v. West Bend Equipment Corp., 718 F.2d 603 (3rd Cir.1983). However, plaintiff’s argument is contrary to the result reached by the Seventh Circuit in Wadsworth v. United States Postal Service, 511 F.2d 64 (7th Cir.1975). The Court in Wadsworth

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Cite This Page — Counsel Stack

Bluebook (online)
107 F.R.D. 357, 1985 U.S. Dist. LEXIS 16081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpetland-usa-v-jl-adler-roofing-inc-ilnd-1985.