Littlefield v. Acadia Insurance

392 F.3d 1, 2005 A.M.C. 1779, 2004 U.S. App. LEXIS 25177, 2004 WL 2809230
CourtCourt of Appeals for the First Circuit
DecidedDecember 8, 2004
Docket04-1751, 04-1778
StatusPublished
Cited by89 cases

This text of 392 F.3d 1 (Littlefield v. Acadia Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Littlefield v. Acadia Insurance, 392 F.3d 1, 2005 A.M.C. 1779, 2004 U.S. App. LEXIS 25177, 2004 WL 2809230 (1st Cir. 2004).

Opinion

LIPEZ, Circuit Judge.

This case requires us to decide whether a provision of a yacht insurance policy excluding coverage for “any loss, damage or liability willfully, intentionally or criminally caused or incurred by an insured person” is ambiguous as applied to an insured who was convicted of criminally negligent homicide after his involvement in a fatal boat collision, and, if not ambiguous, whether its enforcement would render coverage under the policy illusory. Answering both questions in the negative, we affirm the district court’s order granting summary judgment to Defendant-Appellee Acadia Insurance Company (“Acadia”) and denying summary judgment to Plaintiff-Appellant Daniel Littlefield in Littlefield’s action seeking a declaratory judgment of coverage under the yacht insurance policy.

I.

On August 11, 2002, Daniel Littlefield was operating a thirty-six-foot motorized pleasure boat insured under an Acadia “yacht policy” on Lake Winnipesaukee in New Hampshire when it collided with another boat, killing one of that boat’s passengers, John H. Hartman. In January 2003 Littlefield was indicted by a grand jury on two counts of criminally negligent homicide under sections 630:3(1) and (II) of the New Hampshire Criminal Code. 1 *4 Also in January 2003, the victim’s widow and executrix of his estate, Defendants Appellant Karen K. Hartman (“Hartman”), brought a wrongful death action against Littlefield in New Hampshire state court alleging negligence. On April 3, 2003, Lit-tlefield, in turn, sought a declaratory judgment in New Hampshire state court that Acadia was obligated under the terms of the yacht policy to provide him with insurance coverage, including a defense in Hartman’s wrongful death suit. 2

' Acadia asserted that it had no such obligation under two separate provisions of the yacht policy, the first contained in Section B' of the policy, which governs “Protection and Indemnity Insurance,” and the second contained in Section G, which sets forth “General Conditions” applicable to the entire policy. The provision in Section B excludes from coverage “any loss, damage or liability willfully, intentionally or, criminally caused or incurred by an insured person.” The provision in Section G excludes coverage for “any loss, damage or expense arising out of or during any illegal activity on your part or on the part of anyone using the insured’s property with your permission.” 3 On May 2, 2003, Acadia removed the case to federal district court, citing both diversity and possible admiralty jurisdiction.

On June 20, 2003, a Belknap County Superior Court jury found Littlefield not guilty on the indictment’s first count of “negligently causing the death of another in the consequence of being under the influence of intoxicating liquor while operating a boat on Lake Winnepesaukee,” a Class A felony, but guilty of the second count of “negligently causing] the death of another while operating a boat ... and failing] to keep a proper lookout,” a Class B felony. Citing principles of issue preclusion, Acadia moved for summary judgment *5 in this case on the ground that Littlefield’s criminal conviction rendered his potential liability in Hartman’s wrongful death action “criminally caused or incurred,” as well as “arising out of or during ... illegal activity” within the meaning of the policy exclusions. Littlefield brought a cross-motion for summary judgment, arguing that the language of the policy exclusion in Section B of the policy is ambiguous and should be construed to provide coverage despite his criminal conviction. Littlefield asserted that a reasonable insured would interpret “willfully, intentionally or criminally caused or incurred” liability or losses to refer only to those caused or incurred through the commission of willful or intentional crimes. Under Littlefield’s interpretation, liability incurred through the commission of unintentional crimes, including criminally negligent homicide, would not be excluded from coverage. 4 Little-field also argued that enforcement of either the exclusion provision in Section B or Section G of the policy would leave so few claims actually covered as to render coverage under the policy illusory in contraven-; tion of public policy favoring compensation of innocent victims unintentionally harmed by an insured.

On May 11, 2004, the federal district court granted Acadia’s motion for summary judgment and denied Littlefield’s cross-motion for summary judgment, finding that coverage was excluded under the provision in Section B regarding “any loss, damage or liability willfully, intentionally or criminally caused or incurred by an insured person.” The court stated:

It is well understood that negligence can be criminal when it results in death. The policy does not limit the exclusion to intentional crimes and the mere fact that the phrase is grouped with exclusions for willfully and intentionally caused acts would not cause a reasonably informed insured to read a limitation into the exclusion that it does not contain.

Littlefield v. Acadia Ins. Co., No. 03-CV-220, 2004 WL 1064685, 2004 U.S. Dist. LEXIS 8410, at *8-9 (D.N.H. May 11, 2004). The court also rejected Littlefield’s argument that the exclusion provision is unenforceable as contrary to public policy. The court did not reach the applicability or enforceability of the exclusion provision in Section G. 5 Littlefield and Hartman appealed, and their cases were consolidated for purposes of appeal. 6

*6 II.

' We review a district court’s grant of summary judgment de novo. Rodriguez i. Smithkline Beecham, 224 F.3d 1, 5 (1st Cir.2000). Summary judgment is appropriate only where “the pleadings, depositions, "answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed. R.Civ.P. 56(c). “Cross motions simply require us to determine whether either of the parties deserves judgment as a matter of law on facts that are not disputed.” Barnes v. Fleet Nat’l Bank, N.A.,. 370 F.3d 164, 170 (1st Cir.2004) (internal , quotation marks and citation omitted). The parties contest only the interpretation of the yacht insurance policy’s exclusion provisions. Whether there is any ambiguity in the exclusion provisions is a question of law for the court to determine. See Nieves v. Intercontinental Life Ins. Co. of P.R., 964 F.2d 60, 63 (1st Cir.1992).

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392 F.3d 1, 2005 A.M.C. 1779, 2004 U.S. App. LEXIS 25177, 2004 WL 2809230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/littlefield-v-acadia-insurance-ca1-2004.