Catholic Foreign Mission Society of America, Inc. v. Arrowood Indemnity Co.

76 F. Supp. 3d 1148, 2014 U.S. Dist. LEXIS 178307, 2014 WL 7404603
CourtDistrict Court, D. Hawaii
DecidedDecember 30, 2014
DocketNo. CIV. 14-00420 HG-BMK
StatusPublished
Cited by5 cases

This text of 76 F. Supp. 3d 1148 (Catholic Foreign Mission Society of America, Inc. v. Arrowood Indemnity Co.) is published on Counsel Stack Legal Research, covering District Court, D. Hawaii primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Catholic Foreign Mission Society of America, Inc. v. Arrowood Indemnity Co., 76 F. Supp. 3d 1148, 2014 U.S. Dist. LEXIS 178307, 2014 WL 7404603 (D. Haw. 2014).

Opinion

ORDER GRANTING PLAINTIFF’S MOTION FOR REMAND (ECF No. 7) AND DENYING DEFENDANTS’ MOTION TO DISMISS OR TRANSFER (ECF. No. 13)

HELEN GILLMOR, District Judge.

This case involves a request for declaratory relief as to insurance coverage for several underlying Hawaii state court lawsuits alleging sexual abuse by members of the clergy. Plaintiff filed a declaratory judgment action in Hawaii state court. Defendants removed the action to the Federal District Court for the District of Hawaii. Plaintiff moves for remand, requesting that the Court exercise its discretion to decline to exercise jurisdiction as the nature of the case is one for declaratory relief under the Declaratory Judgment Act.

Defendants have moved to dismiss or transfer this action because of a pending declaratory judgment action, filed by Defendant Arrowood, in the United States District Court for the Southern District of New York.

The Court declines to exercise jurisdiction.

Plaintiffs Motion to Remand (ECF No. 7) is GRANTED.

Defendants’ Motion to Dismiss or Transfer (ECF No. 13) is DENIED.

PROCEDURAL HISTORY

On August 14, 2014, Plaintiff Catholic Foreign Mission Society of American, Inc., aka Maryknoll Fathers and Brothers (“Maryknoll”) filed a Complaint against Defendants Arrowood Indemnity Company (“Arrowood”) and The Travelers Companies, Inc. (“Travelers”) in the Circuit Court of the First Circuit, State of Hawaii.

On August 29, 2014, Plaintiff filed a First Amended Complaint against Defendants Arrowood Indemnity Company and The Travelers Companies, Inc. in the Circuit Court of the First Circuit, State of Hawaii.

On September 16, 2014, Defendants Ar-rowood and St. Paul Fire and Marine Insurance Company (“St. Paul”) filed a Joint Notice of Removal in the United States District Court for the District of Hawaii. (ECF No. 2.) Defendants contend that Plaintiffs incorrectly sued The Travelers Companies, Inc., rather than its subsidiary St. Paul.

On October 6, 2014, Plaintiff Maryknoll filed a Motion for Remand. (ECF No. 7.)

On October 7, 2014, Plaintiff Maryknoll filed a Motion for Leave to File Second Amended Complaint. (ECF No. 8.) Hearing oh Plaintiffs Motion for Leave to File Second Amended Complaint is set for January 21, 2015.

On October 15, 2014, Defendant Arro-wood filed a Motion to Dismiss or Transfer, in which Defendant St. Paul joined. (ECF No. 13,14.)

[1152]*1152On November 10, 2014, Defendants Ar-rowood filed an Opposition to -Plaintiffs Motion to Remand, in which Defendant St. Paul joined. (ECF No. 21, 22.)

On November 10, 2014, Plaintiff Maryk-noll filed an Opposition to Defendant Arro-wood and St. Paul’s Motion to Dismiss or Transfer, in which Defendant St. Paul joined. (ECF No. 23.)

On December 4, 2014, Defendant Arro-wood filed a Reply to Plaintiffs Motion to Remand, in which Defendant St. Paul joined. (ECF No. 28, 29.)

On December 4, 2014, Plaintiff Maryk-noll filed a Reply to Defendants’ Opposition to Plaintiffs Motion to Remand. (ECF No. 30.)

Plaintiffs Motion to Remand and Defendants’ Motion to Dismiss or Transfer came on for hearing on December 22,2014.

BACKGROUND

Plaintiffs Complaint for Declaratory Judgment filed in Hawaii State Court.

August 29, 2014, Plaintiff Maryknoll filed a First Amended Complaint (“FAC”) for declaratory judgment against Defendants Arrowood and Travelers in the Circuit Court of the First Circuit, State of Hawaii. (ECF No. 2-2.) The FAC contains two counts. Count I seeks a declaratory judgment as to the Defendants’ duty to defend and Count II seeks a declaratory judgment as. to the Defendants’ duty to indemnity.

In particular, in the FAC, Maryknoll seeks a declaratory judgment that Arro-wood and Travelers have a duty to provide insurance coverage regarding several cases filed in the Circuit Court of the First Circuit of Hawaii. (FAC ¶ 1.) Maryknoll alleges that it is a not-for-profit corporation incorporated in the State of New York, with its principle place of business in New York. (FAC ¶ 3.) As to Defendants, Maryknoll alleges that Defendant Arro-wood is a Delaware corporation with its principle place of business located in Charlotte, North Carolina and that Defendant Travelers is a Minnesota Corporation with its principle place of business in New York. (FAC ¶¶ 4, 5.)

Insurance policies

In the FAC, Plaintiff Maryknoll seeks a declaration as to coverage under a number of insurance policies issued to Plaintiff Ma-ryknoll by either Defendant Arrowood or Defendant Travelers (through its subsidiary, St. Paul), in the 1960s and 1970s. (FAC ¶¶ 9, 17-22.) Plaintiff alleges that, iipon information and belief, the Umbrella Excess Liability policy issued by St. Paul is now administered by Travelers. (FAC ¶ 22.) As discussed further below, Defendant St. Paul disputes that Travelers is a proper party and has appeared in this matter as Defendant St. Paul “incorrectly sued herein as The Travelers Companies, Inc.”.

Underlying State Court Lawsuits

According to Maryknoll’s proposed Second Amended Complaint, there are fourteen underlying State court lawsuits filed in the Circuit Court for the First Circuit, State of Hawaii. The lawsuits name Ma-ryknoll and members of the clergy as defendants. The lawsuits allege sexual abuse by members of the clergy, that Ma-ryknoll failed to warn the plaintiffs, and that Maryknoll was negligent in continuing to employ and failing to properly supervise accused members of the clergy.

Defendant Arrowood’s Declaratory Judgment Action in New York

On June 5, 2014, prior to the filing of Plaintiffs suit before this Court, Defendant Arrowood filed a declaratory judgment action in the United States District Court for the Southern District of New [1153]*1153York. (See Arrowood Indemnity Company v. Catholic Foreign Mission Society of America Inc. a/k/a Maryknoll Fathers and Brothers, Civil Action No. 14 CV 4089 (“New York Lawsuit”)). In the New York Lawsuit, Defendant Arrowood seeks a declaration that it owes neither a duty to defend nor a duty to indemnity Maryknoll in the underlying lawsuits filed in Hawaii state court. On September 16, 2014, Arro-wood amended its complaint in the New York Lawsuit to include St. Paul as a Defendant and to seek declaratory relief with respect to additional underlying lawsuits tendered by Maryknoll to Arrowood and St. Paul after the filing of the New York Lawsuit. Travelers is not a party to the New York lawsuit. The Federal District Court in New York has issued a scheduling order in the New York Lawsuit. Maryknoll filed a motion to dismiss or stay the New York Lawsuit. As of the date of the hearing before this Court, Ma-ryknoll’s motion to dismiss or stay has not been ruled upon.

Plaintiffs Proposed Second Amended Complaint

Plaintiff Maryknoll’s proposed Second Amended Complaint includes four additional insurance carriers and ten additional underlying lawsuits pending in the First Circuit Court, State of Hawaii. Hearing on Plaintiff’s Motion for Leave to File Second Amended Complaint has been deferred until after the Court rules on the pending motions — Plaintiffs Motion to Remand and Defendants’ Motion to Dismiss or Transfer, to allow a ruling- on the Court’s exercise of jurisdiction in this matter.

Notice of Removal

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76 F. Supp. 3d 1148, 2014 U.S. Dist. LEXIS 178307, 2014 WL 7404603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catholic-foreign-mission-society-of-america-inc-v-arrowood-indemnity-co-hid-2014.