Harvey v. Liberty Mutual Group, Inc.

8 F. Supp. 3d 666, 2014 U.S. Dist. LEXIS 39934, 2014 WL 1244059
CourtDistrict Court, E.D. Pennsylvania
DecidedMarch 26, 2014
DocketCivil Action No. 13-cv-04693
StatusPublished
Cited by3 cases

This text of 8 F. Supp. 3d 666 (Harvey v. Liberty Mutual Group, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harvey v. Liberty Mutual Group, Inc., 8 F. Supp. 3d 666, 2014 U.S. Dist. LEXIS 39934, 2014 WL 1244059 (E.D. Pa. 2014).

Opinion

MEMORANDUM & ORDER

JOYNER, District Judge.

Before the Court are Defendants’ Motion for Summary Judgment (Doc. No. 13), Plaintiffs’ Response thereto (Doc. No. 15), and Defendants’ Reply in further support thereof (Doc. No. 16). For the following reasons, the Court hereby GRANTS Defendants’ Motion for Summary Judgment.

I. BACKGROUND

The stipulated facts, as agreed to by the parties, are as follows. On September 30, 2008, Plaintiff Edward Harvey was involved in an automobile accident in East Goshen Township in Pennsylvania. He was rear-ended by a vehicle being driven by Kyle Smedley, who is not a party to the present action, while waiting for a traffic light at the intersection of Paoli Pike and East Boot Road. At the time of the accident, Mr. Harvey was driving a vehicle owned by his employer, Spanpro Services Group, and was in the course of employment.

Mr. Smedley was insured by Erie Insurance and had a liability insurance policy with a limit of $250,000.00. Mr. Smedley was also insured by an Erie Insurance umbrella insurance policy with a $2 million limit of liability. Thus, Mr. Smedley had $2,250,000.00 in total liability coverage for the accident.

Mr. Harvey asserted a liability claim in the Court of Common Pleas of Chester County against Mr. Smedley for personal injuries and lost wages sustained as a result of the accident. Mr. Harvey, Mr. Smedley, and Erie Insurance decided to proceed to binding arbitration in lieu of resolving the dispute in the Court of Common Pleas. On May 21, 2012, they entered into a binding arbitration agreement, which contained the following provisions:

3. The parties agree to discontinue the lawsuit, and the provisions contained herein are the manner in which the dispute which underlies the lawsuit will be resolved.
8. The payment resulting from an award in this matter of the arbitrator shall be a low of $0.00 and no more than $1,350,000.00. The award will be amended to reflect the above described perimeters to the extent it falls outside of them.
9. The binding high figure of $1,350,000.00 restricts the amount of the award for purposes of this arbitration only; it is not intended to have any preclusive effect on any subsequent proceeding including any under-insured motorist claim or arbitration relating to the accident of September 30, 2008. (Def. Mot. for Summ. Judgement at Ex. B).

After an arbitration hearing, the arbitrator entered an award of $680,000.00 in favor of Mr. Harvey. (Def. Ex. C).

At the time of the accident, Spanpro Services Group was insured under an automobile insurance policy issued by the Netherlands Insurance Company (“Netherlands”). The Netherlands policy contained the following provision in part:

A. Coverage

1. We will pay all sums the “insured” is legally entitled to recover as compensatory damages from the owner or driver of an “underinsured motor vehicle”. The damages must result [671]*671from “bodily injury” sustained by the “insured” caused by an “accident”. The owner’s or driver’s liability for these damages must result from the ownership, maintenance or use of an “underinsured motor vehicle”.
2. We will pay under this coverage only if Paragraph a. or b. applies: a. The limits of any applicable liability bonds or policies have been exhausted by payment of judgments or settlements; or.... (Def. Ex. D).

Prior to the binding arbitration, Mr. Harvey’s attorney notified Netherlands that the underlying suit would be arbitrated. In response, Senior Claims Specialist Robert J. Wood wrote as follows:

I am writing regarding your client Edward Harvey ... I understand that you have entered into a binding arbitration agreement with the carrier for the tort feasor. I further understand that this agreement has a high parameter of $1,350,000 even though the tort feasor has $2,250.00 [sic] in available coverage. Please be advised that The Netherlands Insurance Company nor Ohio Casualty Insurance Company will be bound by any arbitration award, [sic]. We also believe we are entitled to an offset of the entire $2,250,000 in available coverage. If you intend on pursuing an UIM claim under this policy, please forward all medical bills and reports, all depositions transcripts and discovery, etc, so that I can review this claim. (PI. Response Ex. C).

Following the arbitration award, Mr. Harvey asserted an uninsured motorist (“UIM”) claim against Netherlands. Netherlands contended that the underlying arbitration precluded a UIM claim. On July 11, 2013, Mr. Harvey filed the present lawsuit in the Court of Common Pleas of Philadelphia County. On August 13, 2013, Defendants removed the suit to this Court.

II. JURISDICTION

The Court will first address its jurisdiction to hear the above-captioned matter. Federal district courts have original jurisdiction over actions between citizens of different states in which the matter in controversy exceeds $75,000.00, exclusive of interests and costs. See 28 U.S.C. § 1332(a). Plaintiff is a citizen of the Commonwealth of Pennsylvania. (Complaint, Court of Common Pleas of Philadelphia, Doc. No. 1 ¶ 1). Defendant Liberty Mutual Insurance Corp. is incorporated in Massachusetts with its principal place of business in Massachusetts. (Notice of Removal, Doc. No. 1, ¶ 4). Defendant Ohio Casualty Corporation is incorporated in New Hampshire with its principal place of business in Massachusetts. Id. Defendant The Netherlands Insurance Company is incorporated in New Hampshire with its principal place of business in Massachusetts. Id. Because none of the Defendants is a citizen of the same state as the Plaintiff, the Court finds that this is a suit between citizens of different states. See 28 U.S.C. § 1332(a)(1), (c)(1).1

“The general federal rule is to decide the amount in controversy from the complaint itself.” Angus v. Shiley Inc., 989 F.2d 142, 145 (3d Cir.1993) (citing Horton v. Liberty Mutual Ins. Co., 367 U.S. 348, 353, 81 S.Ct. 1570, 6 L.Ed.2d 890 [672]*672(1961)). However, the plaintiffs pleadings are not wholly dispositive under the legal certainty test — the Court must examine not just the amount claimed by the plaintiff, but also his actual legal claims. Morgan v. Gay, 471 F.3d 469, 475 (3d Cir.2006). The amount in controversy is measured by a reasonable reading of the value of the rights being litigated. Angus, 989 F.2d at 145. When a case is filed in federal court, it “must be dismissed or remanded if it appears to a legal certainty that the plaintiff cannot recover more than the jurisdictional amount of $75,000.” Frederico v. Home Depot, 507 F.3d 188, 195 (3d Cir.2007) (citing Valley v. State Farm, Fire and Gas. Co., 504 F.Supp.2d 1, 3-4 (E.D.Pa.2006) (emphasis in original)).

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8 F. Supp. 3d 666, 2014 U.S. Dist. LEXIS 39934, 2014 WL 1244059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harvey-v-liberty-mutual-group-inc-paed-2014.