Servco Pacific Insurance v. Axis Insurance

129 F. Supp. 3d 1143, 2015 U.S. Dist. LEXIS 118789, 2015 WL 5178031
CourtDistrict Court, W.D. Washington
DecidedSeptember 4, 2015
DocketCase No. C15-0563-JCC
StatusPublished

This text of 129 F. Supp. 3d 1143 (Servco Pacific Insurance v. Axis Insurance) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Servco Pacific Insurance v. Axis Insurance, 129 F. Supp. 3d 1143, 2015 U.S. Dist. LEXIS 118789, 2015 WL 5178031 (W.D. Wash. 2015).

Opinion

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

JOHN C. COUGHENOUR, District Judge.

This matter comes before the Court on the parties’ cross motions for summary judgment. (Dkt. Nos. 11, 16.) Having thoroughly considered the parties’ briefing and the relevant record, the Court finds oral argument unnecessary and hereby GRANTS Plaintiffs motion and DENIES Defendant’s motion for the reasons explained herein.

I. BACKGROUND

The sole issue in 'this case is' whether Plaintiff Servco Pacific Insurance- (“Servco”) is entitled to coverage under the hole-in-one insurance policy it purchased from Defendant Axis Insurance1 (“Axis”) for [1144]*1144the value of a hole-in-one prize won by Gigi Jacobsen. The following facts are undisputed.

On September 8, 2014, the -Everett Golf and Country Club (“Club”) hosted the Lynwood Rotary Golf Tournament. (Dkt. No. 17, Ex. 1 at 1.) As a charitable, donation to the Lynwood Rotary, Servco purchased an insurance policy (“Policy”) covering four hole-in-one prizes that could be earned at the tournament. (Dkt. No. 17, Ex. 2 at 1; Dkt. No.. 20, Ex. 1 ,at 4.) If a golfer made a hole-in-one at the designated “Target Hole,” he or she would win a new Acura car valued at $30,000. (Dkt. No. 17, Ex. 2 at 1.) If a golfer made a hole-in-one at one of the designated “Bonus Holes,” he or she would win an HDTV, a set of golf clubs, or an Apple iTouch and gift car’d! (Dkt. No. 17, Ex. 2 at 1.) Servco paid Axis a premium of $638. (Dkt. No. 17, Ex. 1 at 1.)

Regarding witnesses, the Policy, states: The Insured shall provide responsible, non-playing adults (over the age of 18) as witnesses on the Target Hole at all times during the tournament. If the Prize Value is equal to or less than $25,000, only one (1) witness is required by this policy. If the Prize Value is greater than $25,000, two (2) witnesses are required by this policy. - '

(Dkt. No. 17, Ex. 2 at 4.)

Regarding the placement of tee blocks, the Policy states:

The tournament tee blocks may be placed at the regular yardage marker as stated on the golf course scorecard or at yardages closer to or further from the Target Hole as requested at the time of application or policy request but the measurement from tee to pin cannot be less than that shown on the. policy for Target and/or Bonus Holes. ; Neither Target Hole nor Bonus Hole yardages will be less than 130 yards for men and 110 yards for women.

(Dkt. No. 17, Ex. 2 at 3.)

Servco’s application indicated that the Target Hole was Hole 15, with a minimum yardage of 150 yards for men and 140 yards for women. (Dkt. No. 17, Ex. 1 at 1.)

On the day of the tournament, participant Gigi Jacobsen made a hole-in-one on Hole 15. (Dkt. No. 17, Ex. 7.) Ms. Jacob-sen reported that she “felt a little nervous, no practice swing, just went for it and it ended, up in the hole—excitement ensued!” (Dkt. No. 17, .Ex. 7.)

It was later discovered that the Club had mistakenly set the women’s tee box at 112 yards. (Dkt, No. 17, Ex. 4.) In addition, due to a misunderstanding, only one witness was designated at the Target Hole. (Dkt. No. 17, Ex. 4.) As a result, Axis denied Servco’s claim under the Policy. (Dkt. No. 12, Ex. 1 at 33-35.) Ms. Jacobsen did not receive her prize for sinking the hole-in-one. (Dkt. No. 20, Ex. 1 at 22-23.)

Servco sued Axis, alleging three claims for relief: coverage; failure to follow procedures for disputed claims; and unreasonable denial of claim for coverage or payment of benefits. (Dkt. No. 1, Ex. 2 at 7-9.) Before the Court are the parties’ cross-motions for summary Judgment, (Dkt. Nos. 11, 16.) The sole dispute is whether Servco is entitled to coverage under the Policy for the value of ,the prize owed to Ms. Jacobsen.

II. DISCUSSION

A. Summary Judgment Standard

Pursuant to Rule 56 of the Federal Rules of Civil Procedure, “[t]he court shall [1145]*1145grant summary judgment 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.” Fed.R.Civ.P. 56(a). In making such a .determination, the Court, must view the facts and justifiable inferences to be drawn there from in the light most favorable to the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Once a motion for summary judgment is properly made and supported, the opposing party “must come forward with ‘specific facts showing that there is a genuine issue for trial.’ ” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (quoting Fed.R.Civ.P. 56(e)). Material facts are those that may affect the outcome of the case, and a dispute about a material fact is genuine if there is sufficient evidence for a reasonable jury to return a verdict for the non-moving party. Anderson, 477 U.S. at 248-49, 106 S.Ct. 2505. Conclusory, nonspecific statements in affidavits are not sufficient, and “missing facts” will not be “presumed.” Lujan v. National Wildlife Federation, 497 U.S. 871, 888-89, 110 S.Ct. 3177, 111 L.Ed.2d 695 (1990). Ultimately, summary judgment is appropriate against a party who “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial,” Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

B. Principles of Insurance Contract Interpretation

This is a diversity action under 28 U.S.C. § 1332. Federal courts sitting in diversity apply state substantive law and federal procedural -law. Gasperini v. Center for Humanities, Inc., 518 U.S. 415, 427, 116 S.Ct. 2211, 135 L.Ed.2d 659 (1996).

“In Washington, insurance policies are construed as contracts.” Weyerhaeuser Co. v. Commercial Union Ins. Co., 142 Wash.2d 654, 15 P.3d 115, 122 (2000) (internal citation omitted).. “The courts liberally construe insurance policies to provide coverage wherever possible.” Bordeaux, Inc. v. American Safety Ins. Co., 145 Wash.App. 687, 186 P.3d 1188, 1191 (2008).

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Bluebook (online)
129 F. Supp. 3d 1143, 2015 U.S. Dist. LEXIS 118789, 2015 WL 5178031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/servco-pacific-insurance-v-axis-insurance-wawd-2015.