LEGEND's CREEK HOMEOWNERS ASSOCIATION, INC. v. TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA

CourtDistrict Court, S.D. Indiana
DecidedJanuary 29, 2021
Docket1:18-cv-02782
StatusUnknown

This text of LEGEND's CREEK HOMEOWNERS ASSOCIATION, INC. v. TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA (LEGEND's CREEK HOMEOWNERS ASSOCIATION, INC. v. TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LEGEND's CREEK HOMEOWNERS ASSOCIATION, INC. v. TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA, (S.D. Ind. 2021).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

LEGEND'S CREEK HOMEOWNERS ) ASSOCIATION, INC., ) ) Plaintiff, ) ) v. ) Case No. 1:18-cv-02782-TWP-MPB ) THE TRAVELERS INDEMNITY COMPANY ) OF AMERICA, ) ) Defendant. )

ENTRY ON PLAINTIFF'S MOTION TO AMEND OR ALTER JUDGMENT

This matter is before the Court on a Motion to Amend or Alter Judgment filed by Plaintiff Legend's Creek Homeowners Association, Inc. ("Legend's Creek"), pursuant to Federal Rule of Civil Procedure 59(e) (Filing No. 90). In support of the Motion, Legend's Creek filed a Memorandum in Support of Motion to Reconsider Entry on Defendant’s Motion for Summary Judgment and Final Judgment [Dkts. 86 and 87] in which it contends that the Court erred in several respects in its summary judgment entry (see Filing No. 91). For the following reasons, the Court denies the Motion to Reconsider. I. BACKGROUND After an insurance coverage dispute, Legend's Creek sued its insurer Defendant Travelers Indemnity Company of America ("Travelers") for breach of contract and bad faith (see Filing No. 35 at 3–5). Specifically, Legend's Creek contended that it was owed replacement siding for the entirety of several buildings it owned—despite only one side on each of the buildings suffering damage—so that it "would have [ ] matching siding" when the existing siding had been discontinued. Id. at 3. Moreover, Legend's Creek contended that Travelers acted in bad faith when it "knew that the siding was discontinued and could not be matched." Id. at 4. In April 2020, at the behest of Legend's Creek, (see Filing No. 58), the Court ordered the parties "to commence the appraisal process as outlined in the Policy." (Filing No. 81 at 6.) The

Court specifically noted, however, "that the appraisal can be used after the filing of the complaint as part of the discovery process" and that it "could help in the fact-finding, and hopefully settlement discussions, while preserving any legal arguments, coverage or otherwise, that Travelers believes precludes its liability." Id. at 3, 4. In other words, the Court clarified, this conclusion "regarding the appraisal has no outcome on" any analysis concerning "Travelers' pending summary judgment [arguing] that Legend's breach of contract count is barred by the Policy's two-year statute of limitation for a legal action." Id. at 5. The Court further noted that "[t]o conclude that Legend's may exercise its contractual appraisal right is not to endorse its theory of its entitlement to a larger recovery; nor does it preemptively endorse the appraiser's fact-finding as binding notwithstanding any legal defenses Travelers may assert." Id. at 6. This later-completed appraisal determined that

Travelers owed "$257,256.47 for the additional actual cash value owed for covered damage". (Filing No. 90-1 at 1; see also Filing No. 90-2 at 1–6.) Travelers issued payment on October 1, 2020, for this amount (see Filing No. 90-3). But a few days later, on October 6, 2020, the Court— as eluded to above as a possibility—entered summary judgment in favor of Travelers for the failure of Legend's Creek to file suit within the two-year limitation provision of the controlling insurance policy (Filing No. 86 at 19–20). That afternoon, Travelers stopped payment on its October 1, 2020 check (see Filing No. 90-8). On November 3, 2020 Legend's Creek filed the instant Motion seeking reconsideration of the summary judgment ruling. II. LEGAL STANDARD Although motions to reconsider are not specifically authorized by the Federal Rules of Civil Procedure, courts in the Seventh Circuit apply Rule 59(e) or Rule 60(b) standards to these motions. Smith v. Utah Valley Univ., 2015 U.S. Dist. LEXIS 70271, at *3–4 (S.D. Ind. June 1,

2015). A motion to alter or amend under Rule 59(e) "must be filed no later than 28 days after the entry of the judgment." Fed. R. Civ. P. 59(e). If timely filed, a motion styled as a motion to reconsider should be considered under Rule 59(e). Kiswani v. Phoenix Sec. Agency, Inc., 584 F.3d 741, 742 (7th Cir. 2009). Because Legend's Creek filed its "Motion to Reconsider" precisely twenty-eight days after the Court issued its Order, the Court will analyze the Motion as a motion to alter or amend under Rule 59(e). The purpose of a motion to alter or amend judgment under Rule 59(e) is to ask the Court to reconsider matters "properly encompassed in a decision on the merits." Osterneck v. Ernst & Whinney, 489 U.S. 169, 174 (1989). "A Rule 59(e) motion will be successful only where the movant clearly establishes: (1) that the court committed a manifest error of law or fact, or (2) that

newly discovered evidence precluded entry of judgment." Cincinnati Life Ins. Co. v. Beyrer, 722 F.3d 939, 954 (7th Cir. 2013) (citation and quotation marks omitted). Relief pursuant to a Rule 59(e) motion to alter or amend is an "extraordinary remed[y] reserved for the exceptional case." Foster v. DeLuca, 545 F.3d 582, 584 (7th Cir. 2008). A Rule 59(e) motion may be used "to draw the district court's attention to a manifest error of law or fact or to newly discovered evidence." United States v. Resnick, 594 F.3d 562, 568 (7th Cir. 2010). A manifest error "is not demonstrated by the disappointment of the losing party. It is the wholesale disregard, misapplication, or failure to recognize controlling precedent." Oto v. Metropolitan Life Ins. Co., 224 F.3d 601, 606 (7th Cir. 2000) (citation and quotation marks omitted). Furthermore, "a Rule 59(e) motion is not an opportunity to relitigate motions or present arguments, issues, or facts that could and should have been presented earlier." Brownstone Publ'g, LLC v. AT&T, Inc., 2009 U.S. Dist. LEXIS 25485, at *7 (S.D. Ind. Mar. 24, 2009). III. DISCUSSION

Legend's Creek purports that reconsideration is warranted for five reasons. Each is discussed, in turn, below. A. Appraisal Award First, Legend's Creek asserts that "[n]ow that the appraisal award has been finalized," the Court should reevaluate "certain factual determinations that equity did not support waiver of the two-year" limitations period (Filing No. 91 at 2 (citations omitted)). This later award "shows that Legend's [Creek] was not making a fraudulent claim or otherwise seeking to game the system," and that "Travelers owed this money from the start." Id. Indeed, Legend's Creek urges that the "Court should consider the appraisal award as new evidence supporting that Legend's Creek's position was correct all along and rebutting the inference of gamesmanship made by Travelers."

Id. at 4. To Legend's Creek, "[t]he appraisal award plainly reflects that there was one claim, and that the other three sides of the siding clearly needed to be replaced." Id. at 5.

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Related

Osterneck v. Ernst & Whinney
489 U.S. 169 (Supreme Court, 1989)
Foster v. DeLuca
545 F.3d 582 (Seventh Circuit, 2008)
United States v. Resnick
594 F.3d 562 (Seventh Circuit, 2010)
Kiswani v. Phoenix Security Agency, Inc.
584 F.3d 741 (Seventh Circuit, 2009)
Nationall Refrigeration, Inc. v. Travelers Indemnity Co. of America
947 A.2d 906 (Supreme Court of Rhode Island, 2008)
Schafer v. Buckeye Union Insurance
381 N.E.2d 519 (Indiana Court of Appeals, 1978)
Huff v. Travelers Indemnity Co.
363 N.E.2d 985 (Indiana Supreme Court, 1977)
Summers v. Auto-Owners Insurance
719 N.E.2d 412 (Indiana Court of Appeals, 1999)
Continental Insurance v. Thornburg
219 N.E.2d 450 (Indiana Court of Appeals, 1966)
Johnson v. Mutual Service Casualty Insurance Co.
732 N.W.2d 340 (Court of Appeals of Minnesota, 2007)
Cincinnati Life Insurance Comp v. Marjorie Beyrer
722 F.3d 939 (Seventh Circuit, 2013)

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Bluebook (online)
LEGEND's CREEK HOMEOWNERS ASSOCIATION, INC. v. TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA, Counsel Stack Legal Research, https://law.counselstack.com/opinion/legends-creek-homeowners-association-inc-v-travelers-casualty-insurance-insd-2021.