National Liability & Fire Insurance Company v. Kristina's Transportation, LLC

CourtDistrict Court, E.D. Louisiana
DecidedSeptember 16, 2019
Docket2:16-cv-15149
StatusUnknown

This text of National Liability & Fire Insurance Company v. Kristina's Transportation, LLC (National Liability & Fire Insurance Company v. Kristina's Transportation, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Liability & Fire Insurance Company v. Kristina's Transportation, LLC, (E.D. La. 2019).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

NATIONAL LIABILITY & FIRE INSURANCE CIVIL ACTION COMPANY VERSUS CASE NO. 16-15149 KRISTINA’S TRANSPORTATION, LLC, et al. SECTION: “G”(3)

ORDER AND REASONS

Before the Court is the Defendant Nicholas Saale’s (“Saale”) “Motion to Administratively Close Case” requesting “that this matter be stayed and administratively closed by this Court pending all parties obtaining final judgments and/or settlements in their underlying individual state court tort cases.”1 Also before the Court is Defendant Jennifer Chauvin’s (“Chauvin”) “Motion for Miscellaneous Relief,” which adopts the arguments set forth in Saale’s motion to administratively close the case.2 Plaintiff-in-Interpleader National Liability & Fire Insurance Company (“National Liability”) opposes both motions.3 Having reviewed the motions, the memoranda in support and in opposition, the record, and the applicable law, the Court will grant both motions. I. Background A. Factual Background In the Amended Complaint, National Liability alleges that on August 28, 2016, a traffic incident occurred on Interstate 10, involving the driver of a bus owned by Kristina’s

1 Rec. Doc. 113. 2 Rec. Doc. 116. 3 Rec. Doc. 120. Transportation, LLC (“Kristina’s”).4 National Liability states that it provided insurance coverage to Kristina’s through a commercial automobile liability policy.5 National Liability alleges that the insurance policy provided a bodily injury liability limit of $250,000.00 per person and $500,000.00 per accident and a property damage liability limit of $25,000.00 per accident.6 National Liability contends that after the incident, 18 lawsuits were filed against Kristina’s on behalf of 59 claimants

and three decedents.7 National Liability asserts that the policy it issued to Kristina’s will not cover all of the claims asserted under the policy.8 Therefore, National Liability filed the instant action to settle the distribution of the policy funds among the multiple claimants.9 B. Procedural Background On September 30, 2016, National Liability filed a “Complaint-in-Interpleader”, naming 52 defendants-claimants.10 The case was initially assigned to Section “S” of this Court.11 Also on September 30, 2016, National Liability filed a “Motion to Deposit Interpleader Funds” requesting that the Court allow it to deposit $525,000 into the Court registry for dispersal among the Interpleader Defendants.12

On March 23, 2017, the Court allowed National Liability to deposit $525,000 into the

4 Rec. Doc. 56 at 11–12. 5 Id. at 11. 6 Id. at 12. 7 Id. 8 Id. 9 Rec. Doc. 1. 10 Id. 11 Rec. Doc. 4. 12 Rec. Doc. 2. registry of the Court.13 Also on March 23, 2017, National Liability and Interpleader Defendants Roderick Sherrod, Emiliano Acosta, Sulama Almendarez-Rivas, Jenyfer Espinal Almendares, David Jones, and Nicholas Saale entered Joint Stipulations.14 The parties stipulated that “[t]he monies to be deposited by National Liability under [the insurance policy] . . . shall be credited against any judgment that later is entered against Kristina’s Transportation and/or other person or

entity, if any, who may qualify as an ‘insured’ [the policy].”15 The parties further stipulated that “[t]his Court shall possess jurisdiction over the funds National Liability has requested be deposited into the registry of the Court, jurisdiction over all other issues arising from the Accident are specifically reserved.”16 On March 29, 2017, the Court stayed and administratively closed the case.17 On August 30, 2017, the Court granted a motion to intervene filed by Med-Trans Air Transport, LLC (“Med-Trans”), allowing Med-Trans to intervene to assert a statutory lien/privilege due to the medical services that it provided to Marcus Tate, one of the Interpleader defendants, on August 28, 2016.18 On September 19, 2018, the Court granted a motion to intervene

filed by Miguel A. Elias, APLC, allowing it to intervene to assert a claim for recovery of attorneys fees it incurred while representing Interpleader Defendants Keyla Gonzalez, Kenia Gonzalez and Mariela Baradales.19

13 Rec. Doc. 40. 14 Rec. Doc. 41. 15 Id. at 2. 16 Id. 17 Rec. Doc. 42. 18 Rec. Doc. 52. 19 Rec. Doc. 67. On May 4, 2018, the Court reopened the case and granted National Liability leave to file an amended complaint, naming 75 Interpleader Defendants.20 On October 4, 2018, National Liability filed a motion for summary judgment seeking judgment in its favor because it had fulfilled its obligation under the insurance policy by depositing the policy limits into the registry of this Court, had no further obligation under the policy for either defense or indemnity, and was

a disinterested stakeholder with no interest in the ultimate outcome of the disposition of the funds.21 On December 19, 2018, the Court denied the motion for summary judgment, finding that National Liability’s “unilateral deposit of the policy limit amount into the court’s registry” did not terminate National Liability’s duty to defend its insured, Kristina’s.22 The Court reasoned that the insurance policy stated that the “duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements” and the deposit of the policy limit into the Court’s registry was not made pursuant to a settlement agreement or judgment.23 On February 22, 2019, Judge Lemmon recused herself from the case, and it was reallotted to the undersigned Chief United States District Judge.24 On April 22, 2019, the Court granted a

motion to intervene filed by the Louisiana Workers Compensation Commission, allowing it to intervene to assert a claim for recovery of workers’ compensation benefits paid to Interpleader Defendants Nicholas Saale, William Beal, and Spencer Chauvin.25 On June 26, 2019, Saale filed the “Motion to Administratively Close Case” requesting “that

20 Rec. Docs. 56, 57. 21 Rec. Doc. 69. 22 Rec. Doc. 87 at 6–7. 23 Id. 24 Rec. Doc. 94. 25 Rec. Doc. 100. this matter be stayed and administratively closed by this Court pending all parties obtaining final judgments and/or settlements in their underlying individual state court tort cases.”26 On July 15, 2019, Chauvin filed the “Motion for Miscellaneous Relief,” which adopts the arguments set forth in Saale’s motion to administratively close the case.27 On July 23, 2019, National Liability filed an opposition to both motions.28

II. Parties’ Arguments A. Saale’s Arguments in Support of the Motion to Stay and Administratively Close Case

In the motion, Saale argues that multiple wrongful death and personal injury claims related to the August 28, 2016 accident are pending in state court.29 Saale asserts that implicit in the March 23, 2017 Joint Stipulations “was the intent of the parties that this Court retain possession and jurisdiction over the disbursement of the funds until the final outcome of the various state court lawsuits . . . had been resolved by settlement or judgment.”30 Because no judgments have been entered in any of the state court cases, Saale argues that “any action in this matter should be stayed and this matter should be administratively closed pending the outcome of the parties’ respective state court actions.”31 Finally, Saale argues administratively closing the case will assist the Court in its case management until such time as the State cases are resolved.32

26 Rec. Doc. 113. 27 Rec. Doc. 116. 28 Rec. Doc. 120. 29 Rec. Doc. 113-1 at 1. 30 Id. at 2. 31 Id. at 3. 32 Id. B. Chauvin’s Arguments in Support of the Motion for Miscellaneous Relief

In the motion for miscellaneous relief, Chauvin adopts the arguments set forth in Saale’s motion to administratively close the case.33 C.

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National Liability & Fire Insurance Company v. Kristina's Transportation, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-liability-fire-insurance-company-v-kristinas-transportation-laed-2019.