Houston Casualty Co. v. St. Paul Fire & Marine Insurance

456 F. App'x 312
CourtCourt of Appeals for the Fourth Circuit
DecidedDecember 6, 2011
DocketNo. 10-1835
StatusPublished

This text of 456 F. App'x 312 (Houston Casualty Co. v. St. Paul Fire & Marine Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Houston Casualty Co. v. St. Paul Fire & Marine Insurance, 456 F. App'x 312 (4th Cir. 2011).

Opinion

Affirmed by unpublished opinion.

Judge KEENAN wrote the opinion, in which Judge DAVIS and Judge DIAZ joined.

Unpublished opinions are not binding precedent in this circuit.

BARBARA MILANO KEENAN, Circuit Judge:

In this insurance coverage dispute, we consider whether claims in an underlying personal injury suit brought against McGriff, Seibels & Williams, Inc. (McGriff), an insurance broker, were covered under policies issued to McGriff by St. Paul Fire & Marine Insurance Company (St. Paul). Contending that the claims were excluded from coverage, St. Paul refused to participate in McGriff s defense or to contribute to a final settlement of the claims. Thereafter, Houston Casualty Company (Houston), McGriff s professional liability carrier, filed the present suit against St. Paul, claiming that St. Paul improperly denied coverage and seeking contribution.

After the parties filed cross-motions for summary judgment, the district court denied Houston’s motion and granted St. Paul’s motion. We affirm the district court’s judgment.

I.

In 2008, Manuel Salazar suffered catastrophic injuries while working on the Lake Murray Backup Dam Project in South Carolina (the Project). Salazar filed an action against South Carolina Electric & Gas Company (South Carolina Electric), the owner of the power lines that caused his injuries, and against McGriff, the insurance broker for the Project, among other defendants. Only Salazar’s claims against McGriff are relevant to the present dispute between Houston, McGriffs professional liability carrier, and St. Paul, which had issued McGriff a commercial general liability policy and related umbrella excess liability policy (collectively, the St. Paul policies). Salazar alleged that in addition to providing insurance brokerage services for the Project, McGriff was responsible for performing inspections at the work site to ensure that it was reasonably safe. Salazar further alleged that McGriff failed to perform such inspections.

The evidence in the record established that McGriff undertook certain safety-related obligations with regard to the Project. McGriff had procured insurance coverage for the Project in the form of an “Owner-Controlled Insurance Program” (OCIP), and, as part of the program, had provided a document entitled “Manual of Insurance Procedures” (OCIP Manual) to [314]*314South Carolina Electric and to all contractors working at the Project site.

The OCIP Manual provided that the “Owner’s Safety Representative, in conjunction with GENERAL CONTRACTOR and [McGriff], will furnish safety posters, loss and inspection reports and provide overall supervision of the Project Safety effort.” Under a heading entitled “Project Safety (Loss Control) Program,” the OCIP Manual also stated that: “A Project Safety Program has been established by the General Contractor to conform with industry standards, and to meet the requirements of all Local, State, and Federal standards, and will be supervised and reviewed by the Owner’s Safety Representative and [McGriff].”

Houston, McGriffs professional liability carrier, provided a defense to McGriff in the suit brought by Salazar. When McGriff sought St. Paul’s participation in the defense, St. Paul declined on the ground that Salazar’s claims were not covered under the St. Paul policies. The defendants in the personal injury action ultimately agreed to settle Salazar’s claims for $20 million, and McGriffs insurers, including Houston, contributed McGriffs share of $5 million.

Houston later filed the present action in a South Carolina state court, alleging that based on the coverage provided by the St. Paul policies, St. Paul had a duty to defend McGriff and to contribute to the settlement. Thereafter, St. Paul removed the suit to federal court, and the parties filed cross-motions for summary judgment. After the district court ruled on the parties’ motions and awarded judgment in favor of St. Paul, Houston timely filed a notice of appeal.

II.

We review a district court’s order granting summary judgment de novo. Providence Square Assocs., L.L.C. v. G.D.F., Inc., 211 F.3d 846, 850 (4th Cir.2000). Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(a).

Under South Carolina law,1 insurance policies are subject to general rules of contract construction. Century Indem. Co. v. Golden Hills Builders, Inc., 348 S.C. 559, 561 S.E.2d 355, 358 (2002). Courts are required to interpret the language of an insurance policy according to its “plain, ordinary, and popular meaning.” M & M Corp. of S.C. v. Auto-Owners Ins. Co., 390 S.C. 255, 701 S.E.2d 33, 35 (2010). When the language of an insurance policy is “unambiguous, clear, and explicit,” courts have the duty to apply the policy terms as stated. B.L.G. Enters., Inc. v. First Fin. Ins. Co., 334 S.C. 529, 514 S.E.2d 327, 330 (1999).

When an insurance policy contains ambiguous language, such language is strictly construed against the insurer. Am. Credit of Sumter, Inc. v. Nationwide Mut. Ins. Co., 378 S.C. 623, 663 S.E.2d 492, 495 (S.C.2008). Likewise, policy exclusions are construed “most strongly” against the insurer. Id. However, when exclusionary language in a policy is stated unambiguously, insurers may thereby limit their liability and impose conditions on their obligations, provided that the policy terms do not contravene either a statute or public policy. B.L.G. Enters., 514 S.E.2d at 330. Therefore, if the allegations of liability against an insured unambiguously fall within a policy exclusion, the insurer does [315]*315not have a duty to defend or to contribute to the settlement of the claim. See id.

Questions regarding coverage and an insurer’s duty to defend a claim brought against its insured are determined based upon the allegations in the plaintiffs complaint. City of Hartsville v. S.C. Mun. Ins. & Risk Fin. Fund, 382 S.C. 585, 677 S.E.2d 574, 578 (2009). However, an insurer’s duty to defend is not “strictly controlled by the allegations” in the complaint, and “may also be determined by facts outside of the complaint that are known by the insurer.” USAA Prop. & Cas. Ins. Co. v. Clegg, 377 S.C. 643, 661 S.E.2d 791, 798 (2008).

III.

We consider whether Salazar’s claims were excluded from coverage under the St. Paul policies because they fell within the endorsement entitled “Insurance and Related Work.” This endorsement provided, in relevant part:

Insurance and related work.

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Bluebook (online)
456 F. App'x 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houston-casualty-co-v-st-paul-fire-marine-insurance-ca4-2011.