Kentucky Ass'n of Counties Workers' Compensation Fund v. Continental Casualty Co.

157 F. Supp. 3d 678, 2016 U.S. Dist. LEXIS 2742, 2016 WL 129519
CourtDistrict Court, E.D. Kentucky
DecidedJanuary 11, 2016
DocketCivil No. 14-54-GFVT
StatusPublished
Cited by5 cases

This text of 157 F. Supp. 3d 678 (Kentucky Ass'n of Counties Workers' Compensation Fund v. Continental Casualty Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kentucky Ass'n of Counties Workers' Compensation Fund v. Continental Casualty Co., 157 F. Supp. 3d 678, 2016 U.S. Dist. LEXIS 2742, 2016 WL 129519 (E.D. Ky. 2016).

Opinion

MEMORANDUM OPINION & ORDER

Gregory F. Van Tatenhove, United States District Judge

Kentucky Association of Counties Workers’ Compensation Fund (“KACo”) seeks a declaration of rights concerning an excess workers’ compensation policy issued by Continental Casualty Company to KACo. Specifically, KACo asserts that Continental must cover KACo’s excess liability 'for Pamela Thompson’s work-related cumulative trauma injury. Continental insured KACo from July 1, 1994 to July 1, 2000, and KACo argues Thompson’s injury manifested during that time period. Continental disputes its liability, arguing Thompson’s injury manifested in February or March of 1994 before Continental provided coverage.. After careful review of the record, . the Court finds a genuine issue of material fact exists as to when Ms. Thompson’s injury manifested, under the definition articulated by the Court below. Therefore, for the following reasons, the Court DENIES both parties’ motions for summary judgment.

I

Kentucky Association of Counties Workers’ Compensation Fund (“KACo”) is a workers’ compensation self-insured group created to allow a collaboration of Kentucky government employers to self-insure against their workers’ compensation liabilities. From 1986 to 2000, the group insured, among other employers, the Greenup County Fiscal' Court. KACo was self-insured up to $500,000 per occurrence, and [680]*680then retained excess workers’ compensation- insurance from outside carriers to cover any outstanding liabilities. From July !, 1Q93, to July 1, 1994, Transamerica Insurance Company insured KACo’s excess liabilities. [See R. 27-2.] Subsequently, from July 1, 1994, to July 1, 2000, Continental Casualty Company was KACo’s insurer. [See R. 27-3; R. 27-4; R. 27-5.]

Pamela Thompson was an employee of the Greenup County Fiscal Court from 1986 to 2000, during which time she performed data entry and answered telephone calls. In 1994, she began developing chronic severe neck pain. Her condition worsened in 1998, and she ultimately required surgery and other treatments. As a result of the pain, Ms. Thompson quit her job on April ll, 2000, and filed for workers’ compensation. On July 25, 2001, the Administrative Law Judge handling Thompson’s case granted her claim for total disability income benefits. The ALJ cited April" 11, 2000, as Thompson’s injury date.

After the ALJ’s resolution of the case, KACo "began paying workers’ compensation benefits to Ms. Thompson as required by the award. As of September 2013, KACo’s' self-insured retention of $500,000 was exhausted. KACo subsequently sought recovery from Continental for Ms. Thompson’s award expenses above and beyond the $500,000 retention. Through its claim consultant and counsel, Continental denied liability for Ms. Thompson’s claim and asserted that, according to a 1998 amendment to its insurance policy, Thompson’s injury occurred outside of the policy period during which Continental covered KACo.

Under the previous version of Continental’s insurance policy, an occurrence of an occupational disease (which includes gradual injuries like Ms. Thompson’s) was deemed to take place on the date upon which the employee was last -exposed at work to the disease-causing conditions. In 1998, this method of dating the occurrence of an injury was amended. The relevant portion of the policy now reads “Occupational disease sustained by each employee shall be deemed to be a separate occurrence for each injured employee and occurrence shall be deemed to take place on the date the occupational disease is first manifested.” [R. 28-2 at 13, emphasis added]. The term “manifested” is not defined in the original Continental policy or in the amendment.

Continental argues that Thompson’s injury manifested prior to July 1, 1994, before it insured KACo. Continental relies on the deposition testimony of Thompson as well as a letter from a physician as evidence that Thompson’s symptoms first developed in February or March of 1994. KACo vigorously disputes Continental’s conclusion. KACo alleges Thompson’s injury manifested during Continental’s policy period, because the severe injuries which ultimately became the basis for her workers’ compensation award were not diagnosed until well after July 1, 1994, when Continental’s liability began.

KACo filed suit in Franklin County, Kentucky Circuit Court, seeking a declaration of rights that Continental'is liable for the excess of Ms. Thompson’s award above and beyond the $500,000 KACo has already paid. Continental removed the action to this Court on the basis of diversity of citizenship jurisdiction. Both parties have filed motions for summary judgment and responses to the respective motions. The Court now considers the parties’ arguments regarding Continental’s liability.

II

A

When sitting in diversity, a federal court applies the substantive law of the state in which it sits, Hayes v. Equitable Energy Resources Co., 266 F.3d 560, [681]*681566 (6th Cir.2001) (citing Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487, 496, 61 S.Ct. 1020, 85 L.Ed. 1477 (1941)). However, when considering summary judgment arguments, a federal court applies the standards of Federal Rule of CM Procedure 56 rather than Kentucky’s summary judgment standard as expressed in Steelvest, Inc. v. Scansteel Serv. Ctr. Inc., 807 S.W.2d 476 (Ky.1991). See Gafford v. Gen. Elec. Co., 997 F.2d 150, 165 (6th Cir.1993). Under Rule 56, summary judgment is appropriate where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56. A fact’s materiality is determined‘by the substantive law, and a dispute is genuine if “the evidence is such that a reasonable jury- could return a verdict for the non-moving party.” Anderson v. Liberty Lobby, 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Summary judgment is inappropriate where there is a genuine conflict “in the evidence, with affirmative support on both sides, and where the question is which witness to believe.” Dawson v. Dorman, 528 Fed.Appx. 450, 452 (6th Cir.2013). “Courts may not resolve credibility disputes on summary judgment,” Id.

B

For purposes of jurisdiction, KACo is a citizen of Kentucky and Continental is a citizen of Illinois. [R. 1.] Further, the amount in controversy exceeds $75,000. [Id.] Thus, this Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332 and must apply the laws of the state of Kentucky concerning insurance policies to determine the scope of Continental’s coverage. See Scottsdale Ins. Co. v. Flowers, 513 F.3d 546, 563 (6th Cir.2008).

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157 F. Supp. 3d 678, 2016 U.S. Dist. LEXIS 2742, 2016 WL 129519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kentucky-assn-of-counties-workers-compensation-fund-v-continental-kyed-2016.