Great American Insurance v. Plymouth County Sheriff's Department

24 Mass. L. Rptr. 350
CourtMassachusetts Superior Court
DecidedAugust 28, 2007
DocketNo. 061160BLS2
StatusPublished

This text of 24 Mass. L. Rptr. 350 (Great American Insurance v. Plymouth County Sheriff's Department) 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
Great American Insurance v. Plymouth County Sheriff's Department, 24 Mass. L. Rptr. 350 (Mass. Ct. App. 2007).

Opinion

Gants, Ralph D., J.

On May 1, 2000, the defendant Plymouth County Sheriffs Department (“Sheriffs Department”) was sued in the United States District Court for the District of Massachusetts by Kimberly Connor for civil rights violations arising from the Sheriffs Department’s routine practice, established by a written policy, of conducting a strip search of all detained women entering the Plymouth County Regional Lockup Facility in Marshfield. Kimberly Connor v. Plymouth County, Civ. No. 00-10835-REK (D.Mass. 2000). The plaintiff Connor brought the suit both on behalf of herself and as the putative class representative of all women similarly strip-searched at the Lockup Facility. After being served with the complaint, the Sheriffs Department notified its insurer, the plaintiff Great American Insurance Company (“Great American”), which insured the Sheriffs Department for Law Enforcement Liability for the three-year period from November 24, 1996 through November 24, 1999. Of the 113 members of the class, 104 had been arrested and strip-searched during this three-year period. The case was ultimately settled, with Great American paying $1,075,012 towards the settlement and the legal fees incurred in litigating the case. Great American, in paying this amount, reserved its right to seek reimbursement from the Sheriffs Department based on its position that the Law Enforcement Liability Policy (“Policy”) established a $25,000 deductible “per claim,” and each member of the class presented a separate claim. Since the amount paid in settlement to all but one of the 104 class members strip-searched during the policy period was less than $25,000, Great American seeks the return of $1,071,839.09, all but $3,172.91 of the amount it paid to resolve the civil rights case.

Great American has now filed this action to seek that reimbursement. Both parties have cross moved for summary judgment. After hearing, for the reasons detailed below, this Court DENIES Great American’s motion for summary judgment and ALLOWS the Sheriffs Department motion for summary judgment.

DISCUSSION

The sole issue in this case is the meaning of the word “claim” in the Policy. “The interpretation of policy language is a question of law for the judge . . .” A.W. Chesterton Co. v. Mass. Insurers Insolvency Fund, 445 Mass. 502, 518 (2005). The primary objective in interpreting a contract for insurance is to construe the contract so as to reflect the intention of the parties at the time the policy was executed. Affiliated FM Ins. Co. v. Constr. Reinsurance Corp., 416 Mass. 839, 845 (1994). When interpreting an insurance policy a court is “required to ‘construe the words of the policy in their usual and ordinary sense.’ ” Liquor Liab. Joint Underwriting Assoc. v. Hermitage, 419 Mass. 316, 320 (1995), quoting Barnstable County Mut. Fire Ins. Co. v. Lally, 374 Mass. 602, 605 (1978). See also Bilodeau v. Lumbermans Mut Cos. Co., 392 Mass. 537, 541 (1984) (policy will be interpreted according to “fair meaning of the language used, as applied to the subject matter”). A court should inquire “what the simplified, conversational language of the policy would mean to a reader applying normal reasoning or analysis.” Commerce Ins. Co. v. Koch, 25 Mass.App.Ct. 383, 384 (1988).

If the terms of a policy are clear and unambiguous, they will be interpreted and applied in accordance with their plain and ordinary meaning. See Barnstable County Mut. Fire Ins. Co. v. Lally, 374 Mass. at 605. However, since an insurance policy is essentially an adhesion contract drafted by the insurer, if a court determines that the language of the policy is ambiguous, the ambiguity “must be construed against the insurer.” Hakim v. Massachusetts Insurers’ Insolvency Fund, 424 Mass. 275, 282 (1997); Hingham Mut. Fire Ins. Co. v. Niagara Fire Ins. Co., 46 Mass.App.Ct. 500, 504 (1999). The “long-standing rule ... in construing unclear language in an insurance policy” is that, when policy language “is susceptible of at least two reasonable interpretations, . . . the insured must be favored over the insurer.” Pinheiro v. Medical Malpractice Joint Underwriting Ass’n of Mass., 406 Mass. 288, 294 (1989). See also Hakim v. Massachusetts Insurers’ [351]*351Insolvency Fund, 424 Mass. at 281 (where there is more than one rational interpretation of policy language, “the insured is entitled to the benefit of the one that is more favorable to it”), quoting Trustees of Tufts Univ. v. Commercial Union Ins. Co., 415 Mass. 844, 849 (1993).

Here, the Policy provides for a $25,000 deductible “per claim” but “claim” is not a defined term in the Policy. Indeed, the word “claim” is not even used in any of the definitions provided in the Policy. While not defined, the word “claim” is used various times in the Policy. Great American contends that it is clear from the use of the word “claim” in the Policy, viewed in the overall context of the Policy, that a “claim” means a claim for loss made by an individual third party to the Sheriffs Department. Under Great American’s interpretation, each woman strip-searched made a separate “claim” even though all prosecuted their claims together in the class action lawsuit.1 The Sheriffs Department contends that the word “claim” in the Policy is reasonably understood to be the claim for coverage made by the Sheriffs Department to Great American following service of the class action complaint. Under the Sheriffs Department’s interpretation, there was only a single “claim,” which covered all the class members in the class action lawsuit, so the $25,000 deductible should be applied to the entire amount of the class action settlement and not to the amount paid to each of the 104 class members.

While the Policy does not define a “claim,” it does use the word “claim” various times. The Policy provides:

1. “(W]e may, at our discretion, investigate any ‘wrongful act’ and settle any claim or ‘suit’ that may result.” Policy at 1.
2. “The Insured shall not, except at his own cost and this [sic] own account, make any payment, admit any liability, settle any claim, assume any obligation or incur any expense without our written consent.” Policy at 1.
3. “This insurance does not apply to:
5. Claims arising out of the performance of any act or service of police duty for anyone other than the Named Insured . . .
6. Claims arising out of the official employment policies or practices of the insured . . .
7. . . . claims of injury arising out of the acts of fraud committed by or at the direction of the insured with affirmative dishonesty or actual intent to deceive or defraud.
8. Any actions, claims, ‘suits’ or demands seeking relief or redress in any form other than money damages . . ." Policy at 1-2.
4. “We will pay, with respect to any claim or ‘suit’ we defend: . . .
3. all reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or ‘suit’ . . ." Policy at 2.
5. “The Limits of Insurance shown in the Declaration and the rules below fix the most we will pay regardless of the number of (1) insureds; (2) claims made or ‘suits’ brought; or (3) persons or organizations making claim or bringing ‘suits.’ ” Policy at 3.
6.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Barnstable County Mutual Fire Insurance v. Lally
373 N.E.2d 966 (Massachusetts Supreme Judicial Court, 1978)
Bilodeau v. Lumbermens Mutual Casualty Co.
467 N.E.2d 137 (Massachusetts Supreme Judicial Court, 1984)
Commerce Insurance v. Koch
522 N.E.2d 979 (Massachusetts Appeals Court, 1988)
Trustees of Tufts University v. Commercial Union Insurance
616 N.E.2d 68 (Massachusetts Supreme Judicial Court, 1993)
Pinheiro v. Medical Malpractice Joint Underwriting Ass'n
406 Mass. 288 (Massachusetts Supreme Judicial Court, 1989)
Affiliated FM Insurance v. Constitution Reinsurance Corp.
626 N.E.2d 878 (Massachusetts Supreme Judicial Court, 1994)
Liquor Liability Joint Underwriting Ass'n v. Hermitage Insurance
644 N.E.2d 964 (Massachusetts Supreme Judicial Court, 1995)
Hakim v. Massachusetts Insurers' Insolvency Fund
424 Mass. 275 (Massachusetts Supreme Judicial Court, 1997)
A.W. Chesterton Co. v. Massachusetts Insurers Insolvency Fund
838 N.E.2d 1237 (Massachusetts Supreme Judicial Court, 2005)
Hingham Mutual Fire Insurance v. Niagara Fire Insurance
707 N.E.2d 390 (Massachusetts Appeals Court, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
24 Mass. L. Rptr. 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/great-american-insurance-v-plymouth-county-sheriffs-department-masssuperct-2007.