Ellicott City Cable, LLC v. Axis Insurance Co.

196 F. Supp. 3d 577, 2016 WL 3957667, 2016 U.S. Dist. LEXIS 95819
CourtDistrict Court, D. Maryland
DecidedJuly 22, 2016
DocketCivil Action No. RDB-15-02506
StatusPublished
Cited by10 cases

This text of 196 F. Supp. 3d 577 (Ellicott City Cable, LLC v. Axis Insurance Co.) 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
Ellicott City Cable, LLC v. Axis Insurance Co., 196 F. Supp. 3d 577, 2016 WL 3957667, 2016 U.S. Dist. LEXIS 95819 (D. Md. 2016).

Opinion

MEMORANDUM OPINION

Richard D. Bennett, United States District Judge

Plaintiffs Ellicott City Cable, LLC (“ECC”) and Dr. Bruce Taylor (“Dr. Taylor”) (collectively, “Plaintiffs”) bring this action against Defendant Axis Insurance Company (“Axis” or “Defendant”), seeking a declaratory judgment pursuant to 28 U.S.C. § 2201. Plaintiffs claim that Axis breached its duties to defend and indemnify ECC in an action also before this Court, DirecTV, LLC v. Taylor, et al., Civ. A. No. RDB-15-01760 (the “Underlying Action”). While the present action was pending, the parties in the Underlying Action reached a settlement agreement. See DirecTV, LLC v. Taylor, et al., Civ. A. No. RDB-15-01760, ECF No. 95. This Court accordingly dismissed that action on November 9, 2015. DirecTV, LLC v. Taylor, et al., ECF No. 96.

Presently pending are Plaintiffs’ Cross-Motion for Partial Summary Judgment (ECF No. 21) on Defendant’s duty to defend and Defendant’s Motion to Dismiss (ECF No. 15). The parties’ submissions have been reviewed and no hearing is necessary. See Local Rule 105.6 (D. Md. 2016). For the reasons that follow, Defendant’s Motion to Dismiss (ECF No. 15) is DENIED;1 and Plaintiffs’ Cross-Motion for Partial Summary Judgment (ECF No. 21) is GRANTED. In sum, Axis had a duty to defend ECC in the Underlying Action.2

BACKGROUND

This Court is presented with dueling motions — the Defendant’s Motion to Dismiss (ECF No. 15) and the Plaintiffs’ Cross-Motion for Partial Summary Judgment (ECF No. 21). As this Court is granting the Plaintiffs’ Motion, this Court will review the facts and all reasonable inferences in the light most favorable to the nonmoving party. Scott v. Harris, 550 U.S. 372, 378, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007); see also Hardwick ex rel [580]*580Hardwick v. Heyward, 711 F.3d 426, 433 (4th Cir.2013). This action arises out of successive multimedia liability policies (the “Policies”) issued by Defendant Axis to Plaintiffs Dr. Taylor and ECC from May 1, 2009 to May 1, 2013.3 Mem. in Support of Pis.’ Cross-Mot. for Partial Summ. J. at 9. Under the Policies, Axis agreed to defend ECC against any suit seeking damages for a specified media “occurrence... during the Policy Period[.]” Compl. Ex. 4 at 2. For purposes of the present action, the parties concede that the relevant terms and conditions of the Policies do not vary. Mem. in Support of Def.’s Mot. to Dismiss, 6, ECF No. 15-1; Mem. in Support of Pis.’ Cross-Mot. for Partial Summ. J., 9, ECF No. 21-1.

In 2005, Dr. Taylor formed Ellicott City Cable, LLC (“ECC”) to provide television, internet, and telephone services to residents of the Taylor Village and Waverly Woods communities.4 ECC contracted to obtain satellite television programming from DirecTV, LLC (“DirecTV”)5 through DirecTV agents Sky Cable, LLC (“Sky Cable”) and North American Cable Equipment (“NACE”). Compl. Ex. 8, 43, ECF No. 1-9 (Taylor Decl. ¶ 6). Under the contracts, ECC distributed the DirecTV programming through equipment and credentials provided by Sky Cable and NACE. Id. ECC, in turn, made monthly payments to DirecTV for access to its programming. Underlying Action Amended Compl. ¶ 81. According to Dr. Taylor, this arrangement continued until 2014, when ECC terminated its relationship with DirecTV. Taylor Decl. ¶¶ 23-24. ECC never contracted with DirecTV to provide internet or telephone services. Taylor Aff. ¶¶ 8-9.

On December 6, 2013, DirecTV filed the Underlying Action against, inter alia, ECC, Dr. Taylor, and Sky Cable, in the United States District Court for the Western District of Virginia. See Underlying Action Amended Complaint. The Underlying Action was subsequently transferred to this Court. See Compl. Ex. 7, ECF No. 1-8; DirecTV, LLC v. Taylor, et al., Civ. A. No. RDB-15-01760. DirecTV alleged that the Underlying Action Defendants “fraudulently obtain[ed], and assist[ed] others in obtaining DIRECTV’s satellite television programming and distribut[ed] that programming over unauthorized cable television systems.” Underlying Action Amended Compl. ¶ 1. Specifically, DirecTV alleged that ECC, through Sky Cable, set up private cable systems to deliver DirecTV Satellite Master Antenna Television (“SMATV”) to more units in Taylor Village and Waverly Gardens than set forth in the contracts. Id. ¶¶ 58, 63, 72. ECC was also alleged to have created multiple dwelling unit (“MDU”)6 accounts with DirecTV for both properties, but distributed the programming to occupants and residents outside of the scope of the agreements. Id. ¶¶ 60, 64. In so doing, [581]*581ECC allegedly used wiring to traverse public rights of way. Id. ¶ 75.

DirecTV asserted six claims against .ECC and Dr. Taylor. In Count I, DirecTV alleged that the Underlying Action Defendants violated 47 U.S.C. § 605(a)7 by (a) “creating and assisting in creating DIRECTV MDU and SMATV accounts with false information and for improper purposes[;]” (2) “installing and maintaining DIRECTV receiving equipment at locations or facilities not authorized by DIRE CTV[;]” (3) “re-broadcasting and retransmitting DIRECTV programming to unauthorized locations[;]” and (4) “distributing and selling DIRECTV programming in a manner contrary to DIRECTV policy and federal law[.]” Id. ¶ 89. Count II, asserting a violation of 18 U.S.C. § 2511(l)(a),8 levied similar allegations to those of Count I. Id. ¶ 94. In Count III, DirecTV alleged that ECC and Dr. Taylor (Sky Cable and its managing member, Robert Saylor) committed fraud by falsely representing material information upon which DirecTV relied “in authorizing'the SMATV and MDU accounts,” activating the equipment, and supplying its television programming. Id. ¶¶ 100-103. ECC and Dr. Taylor were allegedly unjustly enriched by their purported wrongful conduct (Count IV). Id. ¶¶ 107-109. Finally, DirecTV asserts that ECC and Dr. Taylor conspired with Sky Cable and Robert Say-lor to defraud DirecTV in this manner, in violation of the common law and Virginia Code §§ 18,2-499, 18.2-500 (Counts V & VI). Id. ¶¶ 111-17. DirecTV sought, inter alia, compensatory damages for any injuries suffered.

ECC notified Axis of the Underlying Action on May 28, 2015, requesting coverage under the applicable Policy. Compl. Ex. 6, ECF No. 1-7. On July 9, 2015, AXIS denied coverage on the grounds that the Underlying Action arose from ECC’s alleged intentional unauthorized use of DirecTV’s programming. Compl. Ex, 7, 2-3, ECF No. 1-8. ECC responded to dispute this conclusion, offering documentation to rebut the allegations of unauthorized access, intentional or otherwise. Compl. Ex. 8,1-8, ECF No. 1-9.

After Axis refused to change its original determination, ECC and Dr.. Taylor filed the subject action in this Court. See generally Compl.

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196 F. Supp. 3d 577, 2016 WL 3957667, 2016 U.S. Dist. LEXIS 95819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellicott-city-cable-llc-v-axis-insurance-co-mdd-2016.