Sefcik v. State Farm Fire & Casualty Co.

169 F. Supp. 3d 350, 2016 WL 1039440, 2016 U.S. Dist. LEXIS 33328
CourtDistrict Court, E.D. New York
DecidedMarch 15, 2016
DocketCV 14-1978
StatusPublished
Cited by1 cases

This text of 169 F. Supp. 3d 350 (Sefcik v. State Farm Fire & Casualty Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sefcik v. State Farm Fire & Casualty Co., 169 F. Supp. 3d 350, 2016 WL 1039440, 2016 U.S. Dist. LEXIS 33328 (E.D.N.Y. 2016).

Opinion

MEMORANDUM AND ORDER

WEXLER, District Judge:

Plaintiff John Sefcik (“Sefcik” or “Plaintiff’) brings this action regarding his automobile insurance policy with Defendant State Farm Fire and Casualty Company (“State Farm” or “Defendant”). Plaintiff seeks a declaratory judgment that Defendant is obligated to provide him coverage, and also brings claims for breach of contract and breach of the implied covenant of [351]*351good faith and fair dealing. State Farm and Plaintiff move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure (“Fed. R. Civ.Proe.”), seeking a declaration on whether State Farm is obligated to provide coverage.1 For the reasons that follow, Defendant’s motion for summary judgment is granted and Plaintiffs motion is denied.

BACKGROUND

The facts are largely undisputed.2 Plaintiff had automobile insurance with Defendant State Farm, Policy Number 54 5592-B02-23B, originally effective August 2, 2013 through February 2, 2104 (“the “Policy”). On September 27, 2013, State Farm issued a Cancellation Notice for nonpayment of premium. On October 18, 2013 at 8:52 am, Plaintiff was involved in a three-vehicle car accident while driving his own car. Later in the day on October 18th, sometime after the accident, Plaintiff called State Farm and paid the outstanding premium due in the amount of $267.18 to have the policy reinstated. Plaintiff does not deny that when he called State Farm to pay the overdue premium and reinstate the policy, he did not inform State Farm of his accident that morning. On October 22, 2013, State Farm reinstated the policy, effective October 18, 2013 at 12:01am.

On October 29, 2013, State Farm sent Plaintiff a letter stating that State Farm was investigating the question of whether it was “obligated to pay, indemnify, defend or otherwise perform under the policy for the loss” from the October 18th accident. Affidavit of Lee Shramko (“Shramko Aff.”), Ex. B. On November 12, 2013, State Farm issued to Plaintiff a New York Motor Vehicle No-Fault Insurance Denial of Claim Form, denying coverage since the Policy was “not in force on the day of accident.” See Complaint, Exhibit 1. This action, originally filed in state court, was removed to this Court on March 24, 2014.

DISCUSSION

1. Standards for Summary Judgment

The standards for summary judgment are well settled. Rule 56(a) of the Fed. R. Civ. Proc. states that summary judgment is appropriate only if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Rule 56(a). The moving party bears the burden of showing entitlement to summary judgment. See Huminski v. Corsones, 396 F.3d 53, 69 (2d Cir.2005). In the context of a Rule 56 motion, the court “is not to weigh the evidence but is instead required to view the evidence in the light most favorable to the party opposing summary judgment, to draw all reasonable inferences favor of that party, and to eschew credibility assessments.” Amnesty Am. v. Town of W. Hartford, 361 F.3d 113, 122 (2d Cir.2004); see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (summary judgment is unwarranted if “the evidence is such that a reasonable jury could return a verdict for the nonmoving party”). Once the moving party has met its burden, the [352]*352opposing party “ ‘must do more than simply show that there is some metaphysical doubt as to the material facts.... [T]he nonmoving party must come forward with specific facts showing that there is a genuine issue for trial.’ ” Caldarola v. Calabrese, 298 F.3d 156, 160 (2d Cir.2002) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (emphasis in original)).

II. Insurance Does Not Cover “Known Losses”

Defendant argues that even though the Policy was reinstated on October 22 effective October 18 at 12:01 am., before the accident, the long-standing “known loss” doctrine precludes coverage for this loss. The “known loss” defense is the “insurance law principle that an insured may not obtain insurance to cover a loss that is known before the policy takes effect.” Stonewall Ins. Co. v. Asbestos Claims Management Corp., 73 F.3d 1178, 1214 (2d Cir.1995), modified on other grounds, 85 F.3d 49 (2d Cir.1996) (citing Bartholomew v. Appalachian Insurance Co., 655 F.2d 27, 28-29 (1st Cir.1981)). In other words, insurance cannot be purchased for a home that has already burned down. Stonewall Ins., 73 F.3d at 1215. See also National Union Fire Ins. Co. of Pittsburgh, PA. v. Stroh Companies, Inc., 265 F.3d 97 (2d Cir.2001) (noting that New York law bars coverage for a “known loss,” but not for the risk of loss) (citing City of Johnstown v. Bankers Std. Ins. Co.,. 877 F.2d 1146, 1153 (2d Cir.1989)).

Similarly, definitions under the New York Insurance Law require that the validity of an insurance contract relies upon the happening of a “fortuitous event” that is “to a substantial extent beyond the control of either party.” See N.Y. Ins. Law, § 1101(a)(1) & (2); Consolidated Edison Co. of New York Inc. v. Allstate Ins. Co., 98 N.Y.2d 208, 220, 774 N.E.2d 687, 746 N.Y.S.2d 622 (2002).

Here, there is no doubt that Plaintiff knew that he had been in a car accident that morning when he called to pay the overdue premium and reinstate the policy. He does not dispute that he did not report the accident to State Farm during that call. Clearly, this was a “known loss” to Plaintiff when he called to reinstate the Policy, and coverage for this loss is therefore precluded by operation of New York law. See 84 Albany Ave. Realty Corp. v. Standard Fire Ins. Co., 13 F.Supp.3d 241, 246 (E.D.N.Y.2014) (known loss doctrine bars coverage for Hurricane Sandy damage where insured attempted to renew a lapsed policy the next day).

III. State Farm Properly Canceled the Policy

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169 F. Supp. 3d 350, 2016 WL 1039440, 2016 U.S. Dist. LEXIS 33328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sefcik-v-state-farm-fire-casualty-co-nyed-2016.