International Surplus Lines Insurance v. Wyoming Coal Refining Systems, Inc.

52 F.3d 901
CourtCourt of Appeals for the Tenth Circuit
DecidedApril 27, 1995
DocketNos. 94-8052, 94-8053
StatusPublished
Cited by1 cases

This text of 52 F.3d 901 (International Surplus Lines Insurance v. Wyoming Coal Refining Systems, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Surplus Lines Insurance v. Wyoming Coal Refining Systems, Inc., 52 F.3d 901 (10th Cir. 1995).

Opinion

BRORBY, Circuit Judge.

An insurer sought a declaration from the federal district court that it had no duty to defend or insure an underlying state cause of action. The insured party cross-claimed for a determination of bad faith on the part of the insurer. The district court granted summary judgment in favor of the insurer on each of the issues.

BACKGROUND

Following is a brief summary of the relevant, undisputed facts. The University of Wyoming Research Corporation, doing business as Western Research Institute (“Research Institute”), entered into an agreement with Wyoming Coal Refining Systems1 (“Coal Refining Systems”). According to the agreement, the Research Institute was to perform research that would define optimal conditions for a coal refining process in order to allow Coal Refining Systems to design a large coal refining facility in Wyoming. The agreement became effective on June 15, 1988.

During the second phase of the Research Institute’s research, problems developed resulting in delays to the entire project. Due to the problems and delays, Coal Refining Systems refused to pay some of the Research Institute’s invoices in 1990. Over the next year, Coal Refining Systems and the Research Institute argued about their obligations under their agreement. In telephone conversations during March and April 1991, Coal Refining Systems threatened the Research Institute with litigation. Although Coal Refining Systems continued to refuse payment, the project was finished in August 1991, behind schedule. Throughout the month of August and into the fall, both par[903]*903ties argued about the research and their contractual obligations. Coal Refining Systems expressed deep dissatisfaction with the Research Institute’s performance.

In August, the Research Institute purchased liability coverage, and that policy is the subject of this suit. Coal Refining Systems filed a suit against the Research Institute for equitable relief in December 1991. Coal Refining Systems later amended its complaint to include claims for monetary damages: it added claims of intentional misrepresentations. After various wrangles by the parties, Coal Refining Systems’ lawsuit resulted in a default judgment against the Research Institute in state court.

The insurance policy purchased by the Research Institute was with International Surplus Lines Insurance Company (“Insurance Company”). The policy expressly excluded claims based upon the insured’s dishonesty, claims for relief other than money damages, and claims arising out of known potential claims. As part of its insurance application, the Research Institute was required to disclose any “fact, circumstance or situation which said person has reason to suppose might afford valid grounds for any future claim against said person and/or the Organization.” Proposal for Insurance, Question 17. The Research Institute responded by saying .“none.” Below this question on the application form was the statement: “It is agreed that if such facts, circumstances or situations exist any claim or action arising therefrom is excluded from the proposed coverage.” When litigation commenced between the Research Institute and Coal Refining Systems, the Insurance Company denied all coverage.2

With diversity jurisdiction, the Insurance Company sought a declaratory judgment in district court that it had no obligation to cover Coal Refining Systems’ claim against the Research Institute. The Research Institute cross-claimed that the Insurance Company was acting in bad faith. The district court granted summary judgment for the Insurance Company. International Surplus Lines Ins. Co. v. University of Wyoming Research Corp., 850 F.Supp. 1509 (D.Wyo.1994).

DISCUSSION

We review a district court’s grant of summary judgment de novo. Applied Genetics Int’l, Inc. v. First Affiliated Sec., Inc., 912 F.2d 1288, 1241 (10th Cir.1990).

Although the district court discusses several reasons for granting summary judgment in favor of the Insurance Company on the issue of coverage, we find one reason sufficient. Because the Research Institute misrepresented material information on the insurance application, the underlying state cause of action is not a covered claim.

Question 17 says:' “No person proposed for insurance is cognizant of any fact, circumstance or situation which said person has reason to suppose might afford valid grounds for any future claim against said person and/or the Organization except as follows (If answer is None, so state).” The Research Institute argues this calls for a totally subjective speculation. It asserts that the president of the Research Institute, in filing the insurance application, thought no valid grounds existed for any claim against the Research Institute. Thus, it concludes, Question 17 does not bar coverage.

Under Wyoming state law, an insurance policy is interpreted as a contract. State Farm & Casualty Co. v. Paulson, 756 P.2d 764, 765 (Wyo.1988). A contract is given its common sense and plain meaning, unless the provision taken in context of the entire contract is ambiguous. Id. at 766. The language of a contract is construed in accordance with what a reasonable person would understand the terms to mean. The contract is to be interpreted by an objective standard and, ordinarily, not by the parties’ [904]*904subjective rendition of the contract. Shrum v. Zeltwanger, 559 P.2d 1384, 1387 (Wyo.1977).

Question 17 of the application is unambiguous and calls for a simple disclosure of facts indicating the probability of a covered claim. It calls for an objective assessment. See Evanston Ins. Co. v. Security Assurance Co., 715 F.Supp. 1405, 1414 (N.D.Ill.1989). Thus, regardless of the president’s subjective evaluation, the application of Question 17 must be determined with reference to an objective standard.

The Research Institute knew of Coal Refining Systems’ unhappiness with its work. Coal Refining Systems had explicitly threatened litigation. Therefore, the Research Institute hád a duty to disclose these facts on its insurance application. Any reasonable person would have been aware of the possibility of the claim. These were facts arising out of known potential claims at the time of the application and therefore are not covered by the insurance contract. The Research Institute alleges its conflicts with Coal Refining Systems were resolved at the time it applied for insurance. However, the Research Institute has. shown no evidence to support this allegation. The district court did not err in granting summary judgment in favor of the Insurance Company on this issue.

The Research Institute’s second issue on appeal is whether the district court erred in granting summary judgment in favor of the Insurance Company on the Research Institute’s claim of bad faith in refusing coverage to the Research Institute. “The tort of bad faith can be alleged only if the facts pleaded would, on the basis of an objective standard, show the absence of a reasonable basis for denying the claim.” Hatch v. State Farm Fire & Casualty Co., 842 P.2d 1089, 1093 (Wyo.1992). Coal Refining Systems’ state action against the Research Institute initially sought only equitable relief.

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52 F.3d 901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-surplus-lines-insurance-v-wyoming-coal-refining-systems-ca10-1995.