Daniel v. National Casualty Insurance

135 F. Supp. 3d 355, 2015 U.S. Dist. LEXIS 129563
CourtDistrict Court, D. Maryland
DecidedSeptember 25, 2015
DocketCIVIL ACTION NO. MJG-13-1519
StatusPublished
Cited by5 cases

This text of 135 F. Supp. 3d 355 (Daniel v. National Casualty Insurance) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daniel v. National Casualty Insurance, 135 F. Supp. 3d 355, 2015 U.S. Dist. LEXIS 129563 (D. Md. 2015).

Opinion

MEMORANDUM AND ORDER

Marvin J. Garbis, United States District Judge

The Court has before it Defendant National Casualty Company’s Renewed Motion for Summary Judgment [ECF No. 62], Plaintiffs Second Cross-Motion for Summary Judgment or in. the Alternative, Motion for. Partial Sumrnary Judgment [ECF No. 63], and the materials submitted relating thereto. The Court has held a hearing and had the-benefit of the arguments of counsel.

I. INTRODUCTION

On October ,26, 2007, the-husband of Plaintiff Kara Daniel (“Daniel”) was killed in a truck-automobile- collision in Queen Anne’s County, Maryland. Daniel filed suit against the driver and others in this Court, seeking $10,000,000 in damages. [358]*358Daniel v. Hotchkiss Trucking, Inc., No. 10-cv-2757-JKB (D.Md.).

The situation regarding insurance coverage for the defendants was complicated. Northland Insurance Company (“North-land”) acknowledged that it had issued a $1,000,000 commercial trucking liability insurance policy that insured certain of the defendants and tendered its policy limits. National Casualty Insurance Company (“National Casualty) had issued a $750,000 policy to some of the defendants but claimed - that the policy was not in effect at the time of the accident and refused to provide a defense or coverage for any defendant.

Daniel settled the underlying case, receiving the $1,000,000 policy limits of the Northland policy and also an assignment of any rights that Northland and any defendant she released may have had against National Casualty. Northland paid the settlement “on behalf of’ these defendants. As part of the settlement, Northland and the settling defendants assigned to Daniel:

all of [their] rights, title and interest that [they] may have, whether in tort or contract for indemnification and/or contribution, for damages arising out of the accident that occurred on October 26, 2007 which is’the subject of said lawsuit, including all claims against National Casualty Insurance Company [for] any failure on the part of National Casualty Insurance Company to defend or indemnify Derrick Hines, Aaron Hines, R & H Trucking, - H & F Bros LLC, and/or BDH Trucking, Inc. in said Lawsuit.

[ECF No. 1-8].

On May 23, 2013, Daniel, as the assignee of Northland and others, filed the instant lawsuit against National Casualty for indemnification. • Daniel filed- an Amended Complaint on July 26, 2013 as the assignee of Northland, BDH, and three others— Aaron Hines, Derrick Hines and R & H Trucking, Inc. — who are collectively referred to herein as the Driver Group members. [ECF No. 22].

National Casualty filed a Motion to Dismiss. [ECF No. 30]. After a hearing- on Novembér 27, 2013, the Court dismissed the Amended Complaint. The Court stated at the hearing: -“There is nothing in the [Amended] complaint that shows any basis to believe that any assignor of rights, other than Northland, was out of pocket or had any loss, or anything that they could claim against National Casualty.” Hr’g Tr., Nov. 27, 2013, [ECF No. 47-2] at 3. The Court allowed Daniel to file a Second Amended Complaint (“SAC”) and instructed Daniel that she should explain “whatever the relationship is ... that puts National Casualty on the hook to pay indemnity or some kind of contribution.” Id.

Daniel filed the SAC on January 3, 2014, alleging claims, as assignee, against National Casualty in two Counts:

• Count I — Indemnification .for $1,000,000
• Count II — Contribution for $650,000

■See [ECF No. 46].

National Casualty filed a Motion to Dismiss, or in the Alternative, Motion for Summary Judgment, [ECF No. 47], and Daniel filed a Cross-Motion for Partial Summary Judgment. [ECF No. 55].

In the Memorandum and Order issued September 29, 2014, [ECF No. 61] at 4-6, the Court stated:

The Court finds the parties’ respective briefings inadequate. Both sides have submitted voluminous briefings that “incorporate by reference as if fully stated herein,” all arguments made in previous filings
Moreover, while Daniel contends that she is entitled to partial summary judgment, she does not specify which issue or issues on which she seeks summary [359]*359judgment and those on which she does not.
Under the circumstances, the Court will deny-the pending motions without prejudice and provide an opportunity for the parties to file new motions for summary judgment. However, the Court will require the parties, should they refile motions for summary judgment, to comply with the following:
• The parties shall address ...:
• The legal standards applicable to any common law indemnification and contribution claims;
• The relationship between R & H and H & F/BDH at the time of the Octo- . ber 26,2007 accident;
• The intrastate or interstate nature of the National Casualty policy, with evidentiary support for their contentions; ...
• The parties shall clearly explain their respective positions as to the effect of the Notice of Cancellation that Prime Rate mailed to R & H (336A Cottonfield Court, Ayden, NC 28513) on 09/13/2007.

National Casualty filed the instant Renewed Motion for Summary Judgment, [ECF No. 62], and Daniel filed the instant Second Cross-Motion for Summary Judgment or in the Alternative, Motion for Partial Summary Judgment. [ECF No. 63].

II. SUMMARY JUDGMENT STANDARD

A motion for summary judgment shall be granted if the pleadings and supporting documents “show[ ] that there is no genuine dispute as to any material fact and the movant is entitled to judgment as'a matter of law.” Fed.R.Civ.P. 56(a).

The well-established principles pertinent to summary judgment motions can be distilled to a .simple statement: The Court may look at the evidence presented in regard to a motion for summary, judgment through . the non-movant’s rose-colored glasses, but must view it realistically. After so doing, th.e essential question is whether a reasonable fact finder could return a verdict for the non-movant or whether the- movant would, at trial, be entitled to judgment as a matter of law. See, e.g., Celotex Corp. v. Catrett, 477 U.S. 317, 322-23,106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Shealy v. Winston, 929 F.2d 1009, 1012 (4th Cir.1991).

Thus; in order “[t]o defeat a motion for summary judgment, the party opposing the motion must present evidence of specific facts from which the finder of fact could reasonably find for him or her.” Mackey v. Shalala, 43 F.Supp.2d 559, 564 (D.Md.1999) (emphasis added).

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135 F. Supp. 3d 355, 2015 U.S. Dist. LEXIS 129563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-v-national-casualty-insurance-mdd-2015.