Jordan Haber, Debbie Haber v. St. Paul Guardian Insurance Company

137 F.3d 691, 1998 U.S. App. LEXIS 2416, 1998 WL 61822
CourtCourt of Appeals for the Second Circuit
DecidedFebruary 6, 1998
Docket207, Docket 97-7169
StatusPublished
Cited by73 cases

This text of 137 F.3d 691 (Jordan Haber, Debbie Haber v. St. Paul Guardian Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jordan Haber, Debbie Haber v. St. Paul Guardian Insurance Company, 137 F.3d 691, 1998 U.S. App. LEXIS 2416, 1998 WL 61822 (2d Cir. 1998).

Opinions

ALTIMARI, Circuit Judge:

Plaintiffs-appellees Dr. Jordan Haber and Debbie Haber (“the Habers”) filed a declaratory-judgment action against defendant-appellant St. Paul Guardian Insurance Company (“St. Paul”) seeking coverage under their homeowner’s policy (the “Policy”) for their liability for workers’ compensation benefits for Florine Netas (“Netus”), who was injured during the course of her employment as the Habers’ live-in housekeeper. The Policy contained a so-ealléd “HO-90 Endorsement” (the “Endorsement”), the meaning of which is the focus of this dispute. The United States District Court for the Southern District of New York (Sotomayor, J.) determined that an ambiguity in the Endorsement to the Policy should be construed against St. Paul, and accordingly ordered St. Paul to provide coverage. For the reasons discussed below, we affirm.

BACKGROUND

Before the Habers moved into their new house, they contacted Mr. Larry Liquori, their insurance broker, to obtain insurance. Liquori was a broker with the Jacka-Liquori Agency, which was an agent of St. Paul. Dr. Haber and Liquori met twice in January 1990 to discuss the Habers’ insurance needs. They first met in Liquori’s office, where Dr. Haber noted his need for extra coverage [694]*694since his new house would be substantially larger than his old one. This meeting prompted Liquori to visit the Habers’ new house. During that visit, Dr. Haber told Liquori about his live-in housekeeper who would be working five days a week. He testified, “I showed him the house. He walked through the house, he saw where the housekeeper was going to be living, the room. He knew it all____ He saw every room including [Netus’s] room.” According to Dr. Haber, Liquori assured him after inspecting the house that “I’m going to cover you.” On February 6, 1990, St. Paul issued the Policy to the Habers.

On May 25, 1993, a fire broke out in the Habers’ home when Netus was sterilizing baby bottle nipples in a strainer on the stove. While attempting to extinguish the fire, the burning strainer fell on one of Netus’s legs, causing severe burns. Netus received substantial medical treatment for her injuries, and she subsequently filed a workers’ compensation benefits claim against the Habers. Her medical expenses totaled some $150,000.

On August 21,1993, St. Paul filed a Notice of Controversion, denying coverage under the Policy. Facing Netus’s claim and potential liability, the Habers filed this declaratory judgment action against St. Paul in district court, seeking an order requiring St. Paul to provide coverage under the terms of the Endorsement provided for in their Policy.

The Endorsement’s heading reads “Workers’ Compensation, Certain Residence Employees.” The Endorsement defines “residence employees” as those who satisfy the following two conditions: (1) “engaged in regular employment of less than 40 hours per week”; and (2) “defined under New York workers’ compensation law as an employee for whom workers’ compensation benefits must be provided.” Among other things, the Endorsement covers the Habers for “all damages for which [they are] legally hable because of bodily injury sustained by a covered residence. employee.” The key issue facing the district court was whether Netus was a covered “residence employee” under the terms of the Endorsement.

After a bench trial, in an oral opinion dated January 21, 1997, the district court determined that Netus was a “residence employee” under the terms of the Endorsement and that the Habers were therefore entitled to coverage. First, it found that Netus worked less than forty hours a week, which satisfied the first condition. Next, the court found that the terms of the second condition were ambiguous, warranting an examination of the interpretations of the Endorsement offered by the parties. The court concluded that the Habers’ interpretation of the Endorsement—that it constituted a voluntary election of coverage for Netus—was the more reasonable interpretation, and that the second condition in the Endorsement had therefore been satisfied. The court rejected St. Paul’s argument that the Habers’ interpretation of the Endorsement was contrary to New York Ins. Law § 3420(j)(l), because it found that the language of section 3420(j)(l) was difficult to construe and was not as restrictive as St. Paul contended.

On appeal, St. Paul argues that (1) the district court erred in finding a voluntary election of coverage; (2) the district court erred in interpreting the Endorsement contrary to section 3420(j)(l); and (3) the district court’s finding that Netus worked less than forty hours a week was clearly erroneous. We disagree.

DISCUSSION

We must determine whether Netus’s position with the Habers satisfied the two conditions of being a “residence employee” under the terms of the Endorsement. Regarding the second condition, both sides agree that under New York Workers’ Compensation Law domestic employees such as Netus are generally not employees for whom workers’ compensation benefits must be provided. See N.Y. Workers’ Comp. Law § 2(4) (McKinney 1992). The parties also agree, however, that domestic employees can be brought within the class of workers for whom such benefits must be provided if an employer voluntarily elects to cover them. See id. §§ 3(1) (Group 19), 50. The central inquiry is whether, as the Habers maintain, the Endorsement constituted .a voluntary election of coverage for Netus. If it does constitute [695]*695such coverage, then Netus would be an employee for whom benefits “must be provided” under the workers’ compensation laws, which would satisfy the second condition of “residence employee” in the Endorsement.

St. Paul maintains that the Habers’ interpretation of the Endorsement is contrary to the parties’ intentions and violates New York Insurance Law § 3420(j)(l) (McKinney 1985), which requires homeowner’s policies to contain such endorsements. It also contends that Netus worked more than 40 hours per week and that she therefore fails to meet the first condition of being a residence employee.

A. Ambiguity Within and Meaning of the Endorsement

St. Paul contends that the Endorsement is unambiguous and that the district court’s reading of the Endorsement is contrary to the intentions of the parties.

Whether contract language is ambiguous is a question of law, which we review de novo. See Werbungs Und Commerz Union Austalt v. Collectors’ Guild, Ltd., 930 F.2d 1021, 1026 (2d Cir.1991). Language in an insurance contract will be deemed ambiguous if reasonable minds could differ as to its meaning. Id. “As with contracts generally, a provision in an insurance policy is ambiguous when it is reasonably susceptible to more than one reading.” United States Fire Ins. Co. v. General Reins. Corp., 949 F.2d 569, 572 (2d Cir.1991). Once a contract is found to be ambiguous, a court must examine ambiguous terms “from the vantage point of the ‘reasonable expectations and purposes of the ordinary [person],’ ” In re: Prudential

Lines, Incl, 170 B.R. 222, 233 (S.D.N.Y.1994) (citations omitted), and should consider extrinsic evidence of the parties’ intentions. See, e.g., United States Fire Ins. Co., 949 F.2d at 571.

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Cite This Page — Counsel Stack

Bluebook (online)
137 F.3d 691, 1998 U.S. App. LEXIS 2416, 1998 WL 61822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-haber-debbie-haber-v-st-paul-guardian-insurance-company-ca2-1998.