National Union Fire Co. v. Toland

164 F. Supp. 3d 1330, 2016 WL 873005, 2016 U.S. Dist. LEXIS 31979
CourtDistrict Court, D. Wyoming
DecidedFebruary 17, 2016
DocketCase No: 15-CV-0010-J
StatusPublished
Cited by1 cases

This text of 164 F. Supp. 3d 1330 (National Union Fire Co. v. Toland) is published on Counsel Stack Legal Research, covering District Court, D. Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Union Fire Co. v. Toland, 164 F. Supp. 3d 1330, 2016 WL 873005, 2016 U.S. Dist. LEXIS 31979 (D. Wyo. 2016).

Opinion

ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Alan B. Johnson, United States District Judge

This matter comes before the Court on Plaintiffs Motion for Summary Judgment, Doc. 28, Defendants’ opposition thereto, Doc. 36, and the parties’ oral arguments heard on September 15, 2015. Having considered the pleadings, the applicable, law, the parties’ written submissions, oral arguments and materials offered in support of their respective positions, the Court finds and orders as follows.

Facts

Defendant Cunningham was an owner-operator and worked under dispatch for Greentree Transportation Co. (Greentree) driving a truck. At all times relevant to this case, Cunningham was an “insured person” under a group Truckers Occupational Accident Insurance policy (the Policy) issued by Plaintiff. The Policy states [1332]*1332that “[t]his Policy is governed by the laws of the state in which it is delivered.” Doc. 24, Ex. B at 1. Plaintiff states in its Amended Complaint that the Policy was issued and delivered in the state of Pennsylvania. See, EOF Doc. No. 16, ¶ 1.

The Policy contains the following relevant provisions:

Subrogation. To the extent the Company pays for losses incurred, the Company may assume the right and remedies of the insured person related to such loss. The Insured Person agrees to assist the Company in preserving its rights against those responsible for such loss, including but not limited to, signing subrogation forms supplied by the Company. Conditional Claim Payment. If an Insured Person suffers a Covered Loss(es) as the result of Injuries for which, in the opinion of the Company, a third party may be liable, the Company will pay the amount of benefits otherwise payable under the Policy. However, the Insured Person must first agree, in writing, to refund the lesser of: (1) the amount actually paid for such Covered Loss(es); or (2) an amount equal to the sum actually received from the third party for such Covered Loss(es).
At the time such third party liability is determined and satisfied, this amount shall be paid whether determined by settlement, judgment, arbitration or otherwise. The provision shall not apply where prohibited by law.
Am. Compl., ¶¶ 15, 23.

On December 17, 2010, while under dispatch for Greentree, Cunningham was driving on 1-90 in Johnson County, Wyoming. Defendant Jeffery Toland rear-ended Cunningham’s tractor-trailer. At the time of the accident, Jeffery Toland was in the course and scope of his employment with W.R. Drinkwalter and Sons, Inc. (Drinkwalter). Cunningham suffered injuries from the accident, which resulted in medical bills and lost wages. He submitted his medical claims and lost wage claims under the Policy for medical and indemnity benefits. Plaintiff paid $50,660.33 in medical benefits and $33,008.55 in temporary total disability benefits to and on behalf of Cunningham. At an unknown time, but assumedly sometime in 2011, Cunningham brought a personal injury lawsuit against Toland and Drinkwalter.

On April 13, 2011, Plaintiff received notice of this lawsuit from Cunningham’s personal injury attorney via a letter of representation. On August 2, 2011, Plaintiff notified Great West Casualty Company, the liability carrier for Toland and Drinkwalter, and Cunningham’s personal injury attorney, of Plaintiff s subrogation rights and lien on recovery by Cunningham. Between March 15, 2012 and December 10, 2013, Plaintiff sent subrogation lien updates to Cunningham’s personal injury attorney and attempted to contact him by phone. On June 27, 2013, Plaintiffs personal injury attorney sent Plaintiff a letter requesting an itemized payment summary of the medical and indemnity benefits that National paid to and on behalf of Cunningham.

In June 2014, Great West settled the liability claim, on behalf of Toland and Drinkwalter, with Cunningham for $300,000. Plaintiff alleges and Defendants dispute that this amount included the economic damages (lost wages and medical benefits) that Plaintiff paid to Cunningham. Plaintiff learned of the settlement in November 2014 after calling Great West. Although on notice of Plaintiff s subrogation rights and lien, neither Cunningham nor Great West requested or received Plaintiffs consent to settle the subrogation claims. Cunningham and his attorney have refused to honor the terms of the Policy and reimburse Plaintiff from the [1333]*1333settlement proceeds for the benefits National paid because of the accident.

Plaintiff filed this claim in state court on December 14, 2014 seeking to recover $83,750.66 for amounts it allegedly paid to and on behalf of Cunningham because of the accident. Defendants removed this action to the United States District Court for the District of Wyoming on January 16, 2015. The Court ordered the action removed on January 27, 2015. Doc. 6. Subsequently, Cunningham filed an Action for Declaratory Judgment in the Court of Common Pleas of Dauphin County, Pennsylvania on May 13, 2015.

Plaintiff brings claims of subrogation based on a negligence theory, reimbursement based on a contract theory, and declaratory relief pursuant to 28 U.S.C. § 2201. Plaintiff filed the instant motion for summary judgment arguing that National has a valid subrogation right against Defendants Toland and Drinkwalter for benefits paid to Cunningham pursuant to Wyoming law. In the alternative, Plaintiff argues that it is entitled to a declaratory judgment that Cunningham must reimburse National the amount of occupational accident benefit paid pursuant to the terms of the policy. Thus, Plaintiffs Motion for Summary Judgment is actually a Partial Motion for Summary Judgment, as it will not resolve all claims in the case.

In response, Defendants contend that Pennsylvania law controls the interpretation of the policy and that pursuant to Pennsylvania law a right to subrogation and reimbursement does not exist under the policy. The Court held oral argument on Plaintiffs Motion for Summary Judgment on September 15, 2015. The Court finds that these matters are fully briefed and are ripe for disposition.

Discussion

In this order, the Court will outline the standard of review. Then the Court will discuss the conflict of law rules before turning to their application to the issues in this case. Finally, the Court will discuss the issue of whether National is entitled to bring a tort claim against Toland and Drinkwalter. A brief conclusion follows.

Standard of Review

Summary judgment is appropriate where “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A dispute of fact is genuine if a reasonable juror could resolve the disputed fact in favor of either side. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A dispute of fact is material if under the substantive law it is essential to the proper disposition of the claim. Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670 (10th Cir.1998).

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Bluebook (online)
164 F. Supp. 3d 1330, 2016 WL 873005, 2016 U.S. Dist. LEXIS 31979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-union-fire-co-v-toland-wyd-2016.