Montgomery v. Markel International Insurance Co.

259 F. Supp. 3d 857
CourtDistrict Court, N.D. Illinois
DecidedMay 4, 2017
DocketNo. 16 C 7889
StatusPublished
Cited by7 cases

This text of 259 F. Supp. 3d 857 (Montgomery v. Markel International Insurance Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Montgomery v. Markel International Insurance Co., 259 F. Supp. 3d 857 (N.D. Ill. 2017).

Opinion

MEMORANDUM OPINION AND ORDER

Chief Judge, Rubén Castillo, United States District Court

Amber Montgomery (“Montgomery”), as Special Administrator for the Estate of Kyle C. Matthews, Tremeice Dangerfield (“Dangerfield”), Valell Corporation d/b/a Carolyn’s Lounge (“Carolyn’s Lounge” or “Carolyn’s”), and Carolyn Burton (“Burton”), individually and as President of Carolyn’s (collectively, “Plaintiffs”),- bring this action against Markel International Insurance Company Limited (“Markel”), and Certain Underwriters at Lloyd’s, London Subscribing to Certificate No. LL-41973, Syndicate 958 (“Lloyd’s Syndicate 958” or “Syndicate 958”) (collectively, “Defendants”) for the alleged breach of two insurance policies issued to Carolyn’s. (R. 33, Second Am. Compl.) Defendants move to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) on the ground that the Court lacks subject-matter jurisdiction because Plaintiffs have not adequately alleged complete diversity between the parties. (R, 38, Defs.’ Corr. Joint Mot.) For the reasons set forth below, the Court grants Defendants’ motion and grants Plaintiffs leave to amend.

BACKGROUND

This insurance coverage suit stems generally from bodily injuries and a fatality that occurred during a violent altercation on October 30, 2011, at Carolyn’s Lounge in Chicago.1 (R. 33, Second Am. Compl. ¶¶ 1-2.) During that altercation, Dangerfield was severely injured, and Kyle Matthews, Montgomery’s decedent, was killed. (Id.) These events gave rise to an Illinois circuit court lawsuit against Carolyn’s and others, captioned Montgomery v. Valell Corp., No. 2013-L-011559 (Ill. Cir. Ct. filed 2013) (the “Underlying Lawsuit”). (Id.) Carolyn’s was insured under a $1 million per-occurrence and $2 piillion aggregate commercial general-liability insurance policy issued by Markel (the “Markel Policy”) and a $1 million liquor-liability insurance policy issued by Lloyd’s Syndicate 958 (the “Lloyd’s Policy”). (Id. ¶¶ 3-4, 23, 29.) Plaintiffs allege that the claims asserted against Carolyn’s in the Underlying Lawsuit were within the scope of coverage provided by both the Markel Policy and the Lloyd’s Policy. (Id. ¶¶ 28, 31.)

As a defendant in the Underlying Lawsuit, Carolyn’s timely tendered its defense to, arid sought indemnity from, both Mark-el and Lloyd’s Syndicate 958. (Id. ¶¶ 3-5.) Both denied coverage and refused to defend. (Id. ¶ 6.) As a result, Carolyn’s was unable to defend itself in the Underlying Lawsuit, and an order of default was entered against it on March 17, 2016. (Id. ¶¶ 8, 10.) A judgment for some $3 million against Carolyn’s as well as Burton individually followed. (Id. ¶ 11.) Defendants have paid nothing by way of indemnity to satisfy, the judgment. (Id. ¶ 12.) As a result, the judgment remains outstanding, and both Carolyn’s and Burton, as the judgment-debtors, remain legally obligated to pay the amount. (Id.) As tort claimants in the Underlying Lawsuit, and now judgment-creditors, Montgomery and Danger[861]*861field are interested-parties to this insurance coverage dispute under 28 U.S.C. § 2201 and Illinois, law. (Id. ¶ 13.) Plaintiffs allege that by failing to either defend or indemnify, both Markel and Lloyd’s Syndicate 958 breached their obligations under the respective insurance policies. (Id. ¶¶ 54-73.)

Carolyn’s is incorporated in the State of Illinois with its principal place of business in Cook County, Illinois. (Id. ¶ 17.) Montgomery, Dangerfield, and Burton all reside and are domiciled in Cook County, Illinois. (Id. ¶ 16.) Markel is an insurance company incorporated in England and Wales, with its principal place of business and corporate headquarters in Glen Allen, Virginia. (Id. ¶ 18.) Plaintiffs allege that Lloyd’s is “an insurance company composed of syndicates that underwrite insurance in a marketplace known as Lloyd’s of London,” that “Lloyd’s is incorporated under the laws of England with their [sic] principal place of business located in London, England,” and that “[t]he syndicate involved for Lloyd’s in this matter is Syndicate 958 which contains no corporations or individuals that are citizens of Illinois.” (Id. ¶ 19.) In their Second Amended Complaint (“SAC”), Plaintiffs invoke subject-matter jurisdiction in this Court pursuant to 28 U.S.C. § 1332(a), alleging that “Plaintiffs] and Defendants are in complete diversity and the amount in controversy exceeds $75,000.” (Id. ¶ 20.)

PROCEDURAL HISTORY

Plaintiffs Montgomery and Dangerfield filed this suit on August 5, 2016, originally naming Markel and “Underwriters at Lloyd’s, London” as defendants. (R. 1, Compl.) On September 2, Markel moved to dismiss under Rule 12(b)(1), arguing that Plaintiffs failed to establish this Court’s subject-matter jurisdiction under 28 U.S.C. § 1332(a). (R. 18, Markel Mot.) On September 7, Lloyd’s Syndicate 958 separately moved to dismiss under Rule 12(b)(7) for failure to join an indispensable party under Rule 19. (R. 23, Lloyd’s Mot.) It argued that the suit should be dismissed pursuant to Rule 19(b) because Carolyn’s — the named insured under both the Markel Policy and the Lloyd’s Policy — was an indispensable party to the litigation, but joining Carolyn’s as a defendant would destroy diversity because there would then be Illinois citizens on both sides. (Id. at 2-3; R. 25, Lloyd’s Mem.) Syndicate 958 also asserted that it had been “incorrectly denominated as Underwriters at Lloyd’s, London” in the complaint. (R. 25, Lloyd’s Mem. at 1.)

On- September 12, Plaintiffs filed a Eirst Amended Complaint (“FAC”) that added both Carolyn’s and Burton (the President of Carolyn’s) as plaintiffs and renamed the Lloyd’s defendant from “Underwriters at Lloyd’s, London” to “Certain Underwriters at Lloyd’s, London Subscribing to Certificate No. LL-41973.” (R. 27, First Arm Compl.- at 1 (emphases added).) Shortly thereafter, -Lloyd’s Syndicate 958 voluntarily withdrew its motion to dismiss, and the Court denied Markel’s motion to dismiss as moot. (R. 29, Min. Entry.) Plaintiffs filed their operative SAC on October 7, again renaming the. Lloyd’s defendant— this .-time from “Certain Underwriters at Lloyd’s, London Subscribing to Certificate No. LL-41973” to “Certain Underwriters at Lloyd’s, London Subscribing to Certificate No.‘LL-41973, Syndicate 958.” (R. 33, Second Am. Compl. at 1. (emphasis added).) On November 8, 2016, Defendants jointly filed the present joint motion to dismiss under Rule 12(b)(1) for lack of subject-matter jurisdiction (R. 38), which is now fully briefed. (R. 40, Pls.’ Resp.; R. 41, Defs.’ Reply; R. 45, Pls.’ Surreply.)

LEGAL STANDARD

Subject-matter jurisdiction is. a court’s “power to decide the claim before [862]*862it.” Lightfoot v. Cendant Mortg. Corp., — U.S. —, 137 S.Ct. 553, 562, 196 L.Ed.2d 493 (2017). A motion to dismiss under Rule 12(b)(1) disputes the existence of the Court’s subject-matter jurisdiction. Fed. R. Civ. P. 12(b)(1). The party asserting jurisdiction bears the burden of establishing that it exists.

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Bluebook (online)
259 F. Supp. 3d 857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-v-markel-international-insurance-co-ilnd-2017.