Royal & Sun Alliance Insurance Co. of Canada v. Century International Arms, Inc.

466 F.3d 88, 2006 U.S. App. LEXIS 25350, 2006 WL 2873046
CourtCourt of Appeals for the Second Circuit
DecidedOctober 10, 2006
DocketDocket No. 05-5134-CV
StatusPublished
Cited by87 cases

This text of 466 F.3d 88 (Royal & Sun Alliance Insurance Co. of Canada v. Century International Arms, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Royal & Sun Alliance Insurance Co. of Canada v. Century International Arms, Inc., 466 F.3d 88, 2006 U.S. App. LEXIS 25350, 2006 WL 2873046 (2d Cir. 2006).

Opinion

GERARD E. LYNCH, District Judge.

Plaintiff-appellant Royal and Sun Alliance Insurance Company of Canada (“RSA”) seeks damages from defendants appellees Century International Arms, Inc. and Century Arms, Inc. (collectively “Century America”) for the reimbursement of defense expenses and the payment of deductibles it claims to be owed under various insurance policies. Century America moved to dismiss the complaint in deference to a pending action previously filed by RSA in Canada against Century America’s Canadian affiliate, Century International Arms Ltd. (“Century Canada”), [91]*91based on the same insurance policies and the same factual allegations. The United States District Court for the Southern District of New York (Deborah A. Batts, Judge), granted defendants’ motion, concluding that considerations of comity warranted dismissal of RSA’s action against Century America.

On appeal, RSA argues that the dismissal was improper because the district court failed to give proper weight to the “virtually unflagging obligation ... to exercise the jurisdiction given [it].” Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 817, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976). We agree and therefore vacate and remand for further proceedings.

BACKGROUND

Century America is in the business of manufacturing and distributing firearms and munitions.1 In connection with that business, Century America and its affiliate Century Canada obtained liability insurance policies from RSA for the time period between June 12, 1991, and March 25, 1994. During the policy period, Century America was sued by a number of individuals who alleged that they had suffered injuries caused by defects in Century America’s products. RSA defended these lawsuits pursuant to the terms of the insurance policies, and eventually negotiated settlements with the various plaintiffs and paid the settlement amounts on behalf of Century America. At the conclusion of the actions, RSA requested reimbursement for defense expenses and deductibles it claimed to be owed under the policies. No payment was received.

RSA and Century Canada are both Canadian corporations, and under the insurance policies Century Canada is named as the first insured party while Century America is listed as an additional insured. Accordingly, when RSA did not receive the money it believed it was owed under the policies, RSA filed an action in Superior Court, Province of Quebec, District of Montreal, Canada, against Century Canada, seeking payment for its expenses and deductibles. In its response to the Canadian action, Century Canada asserted that the expenses and deductibles for which RSA sought reimbursement “relate[d] to events which occurred in the United States and claims asserted against name[d] insureds other than ... [Century Canada],” Joint Appx. at 42, and that under the terms of the policies, the rights and obligations of RSA, Century Canada, and Century America apply “[separately to each insured against whom claim is made or ‘action’ is brought,” id. at 41.

Given Century Canada’s averment that RSA had, in effect, sued the wrong insured party in the Canadian action, RSA filed the present complaint in the Southern District of New York against Century America. Soon after the case was filed, Century America moved to dismiss the complaint in favor of RSA’s pending action against Century Canada. The district court granted Century America’s motion to dismiss, stating that it had “the inherent power to stay or dismiss an action based on the pendency of a related proceeding in a foreign jurisdiction,” but recognizing that its discretion was “limited by its obligation to exercise jurisdiction.” Royal & Sun Alliance Ins. Co. v. Century Int’l Arms, Inc., No. 03 Civ. 7256, 2005 WL 2087870, at *2 (S.D.N.Y. Aug.26, 2005). In exercising its [92]*92discretion, the district court concluded that the existence of a parallel proceeding in Canada involving Century America’s affiliate, coupled with Century America’s consent to jurisdiction in Canada, militated in favor of dismissal. This appeal followed.

DISCUSSION

We review a district court’s dismissal of an action based on considerations of international comity for abuse of discretion. JP Morgan Chase Bank v. Altos Homos De Mexico, S.A., 412 F.3d 418, 422-23 (2d Cir.2005). However, because we are reviewing a court’s decision to abstain from exercising jurisdiction, our review is “more rigorous” than that which is generally employed under the abuse-of-discretion standard. Hachamovitch v. De-Buono, 159 F.3d 687, 693 (2d Cir.1998). “In review of decisions to abstain, there is little practical distinction between review for abuse of discretion and review de novo. Id. Of course, we review de novo a district court’s conclusions of law. JP Morgan Chase Bank, 412 F.3d at 423.

Century America argues that the district court’s decision was supported by the doctrine of international comity abstention. International comity is “the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience.” Hilton v. Guyot, 159 U.S. 113, 163-64, 16 S.Ct. 139, 40 L.Ed. 95 (1895). While the doctrine can be stated clearly in the abstract, in practice we have described its boundaries as “amorphous” and “fuzzy.” JP Morgan Chase Bank, 412 F.3d at 423, quoting Harold G. Maier, Extraterritorial Jurisdiction at a Crossroads: An Intersection Between Public and Private International Law, 76 Am. J. Int’l L. 280, 281 (1982). In addition to its imprecise application, even where the doctrine clearly applies it “is not an imperative obligation of courts but rather is a discretionary rule of ‘practice, convenience, and expediency.’ ” Id., quoting Pravin Banker Assocs., Ltd. v. Banco Popular Del Peru, 109 F.3d 850, 854 (2d Cir.1997).

Often, a party invoking the doctrine of international comity seeks the recognition of a foreign judgment. In this case, however, Century America argues that concerns of comity favor the recognition of a pending foreign proceeding that has yet to reach final judgment, and that proper deference to that proceeding requires abstention in domestic courts. This type of comity has been termed the “comity of the courts.” See Joseph Story, Commentaries on the Conflict of Laws § 38 (1834) (distinguishing between the comity of the courts and the comity of nations), cited in Hartford Fire Ins. Co. v. California, 509 U.S. 764, 817, 113 S.Ct. 2891, 125 L.Ed.2d 612 (1993) (Scalia, J., dissenting).

Generally, concurrent jurisdiction in United States courts and the courts of a foreign sovereign does not result in conflict. China Trade & Dev. Corp. v. M.V. Choong Yong, 837 F.2d 33, 36 (2d Cir.1987).

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466 F.3d 88, 2006 U.S. App. LEXIS 25350, 2006 WL 2873046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royal-sun-alliance-insurance-co-of-canada-v-century-international-arms-ca2-2006.