Travelers Indemnity Co. v. Bastianelli

250 F.R.D. 82, 2008 U.S. Dist. LEXIS 44106
CourtDistrict Court, D. Massachusetts
DecidedApril 8, 2008
DocketCivil Action No. 07-10523-JGD
StatusPublished
Cited by1 cases

This text of 250 F.R.D. 82 (Travelers Indemnity Co. v. Bastianelli) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Travelers Indemnity Co. v. Bastianelli, 250 F.R.D. 82, 2008 U.S. Dist. LEXIS 44106 (D. Mass. 2008).

Opinion

MEMORANDUM OF DECISION AND ORDER ON MOTION TO INTERVENE

DEIN, Unites States Magistrate Judge.

I. INTRODUCTION

The plaintiff, The Travelers Indemnity Co. (“Travelers”), has brought this action against defendants Ocean Builders, Inc. (“Ocean Builders”), its owner, Benjamin Bastianelli, and three other members of the Bastianelli family (collectively, the “Bastianellis”), seeking a declaratory judgment that under the terms of a commercial automobile insurance policy issued to Ocean Builders, it owes no duty to defend or indemnify Ocean Builders or any of the Bastianellis in connection with a personal injury action, Laborde, et al. v. Bastianelli et al., which is pending in state Superior Court (the “Laborde action”). Ocean Builders and the Bastianellis are named as defendants in that action, which arose out of a motor vehicle accident involving serious injuries to Pilar Laborde.

Presently before the court is the “Motion of Pilar Laborde and Antonio Miravete, Individually and as Father and Next Friend of Beatriz Miravete, Antonio Miravete, Jr., and Carlos Miravete, Minors, to Intervene as Defendants” (Docket No. 11). By their motion, the plaintiffs in the Laborde action (“Interve-nors”), are seeking to intervene as defendants in this action as a matter of right pursuant to Fed.R.Civ.P. 24(a) or, alternatively, by permission of the court pursuant to Fed.R.Civ.P. 24(b). Travelers opposes the motion, but the Bastianellis do not. As detailed below, this court finds that the Inter-venors have satisfied the requirements of Fed.R.Civ.P. 24(b) and have shown that their participation as defendants in this action will promote the full development of the underlying factual issues as well as the just and equitable adjudication of the pending coverage dispute. Accordingly, their motion to intervene is ALLOWED.

II. STATEMENT OF FACTS

On July 19, 2005,1 Pilar Laborde was struck by a pickup truck that was backing up while she was walking to her ear in a parking lot in Boston, Massachusetts. (Ex. 5 at l).2 The pickup truck was owned by defendant Benjamin Bastianelli, and was driven by his sixteen year old son, defendant Philip Bastia-nelli, at the time of the accident. (Id.; Ex. 11 at 1). According to the driver, he was unable to see Ms. Laborde as he was backing the truck up because his view was obstructed by sheets of plywood that extended over the closed tailgate of the vehicle. (Ex. 4 at 40; Ex. 5 at 1). Ms. Laborde suffered serious and extensive injuries, including paralysis, as a result of the accident. (See Intervenors’ Mem. (attached to Docket No. 11) at 5 n. 1).

The Travelers’ policy was issued to Ocean Builders, and not the truck owner, Benjamin Bastianelli. Nevertheless, according to [84]*84Travelers, its policy “would cover a vehicle not owned by Ocean Builders but only if the vehicle were ‘used in connection with your [i.e. Ocean Builders’] business ... [including] ... autos owned by your employees, partners ... members ... or members of their households but only while used in your business or your personal affairs.’” (Pl.’s Mem. (Docket No. 12) at 3) (additional quotations omitted). Therefore, the question whether Benjamin Bastianelli’s pickup truck was being used in connection with Ocean Builders’ business at the time of the accident is a critical issue in the instant coverage dispute. A ruling on this issue in this coverage case, however, would also have ramifications in the state case.

Ms. Laborde and her spouse, Antonio Mi-ravete, filed the Laborde action in Suffolk Superior Court against the Bastianellis and Ocean Builders. {See Ex. 11 at 1). Ocean Builders is owned by Benjamin Bastianelli and operates as a general contractor in the construction business. {See Ex. 3; Ex. 12 at 2; Ex. 14, Answer No. 5). One issue in the Laborde action is whether the truck that was involved in the accident was being used for commercial purposes in connection with Ocean Builders’ business. {See Intervenors’ Mem. at 5 If 13).- The Intervenors assert that the truck was used daily in the course of Ocean Builders’ business, and was being used for business purposes at the time of the accident. {See Intervenors’ Mem. at 2 HU 2-3). They have developed evidence supporting their position, including, inter alia, evidence that Philip Bastianelli was acting at his father’s direction and delivering plywood to one of his father’s job sites at the time he allegedly struck Ms. Laborde. (Ex. 6 at 27-28). If the Intervenors establish this fact, they may prevail against Ocean Builders. In addition, this fact is critical to the applicability of Travelers’ $2 million policy. However, the defendants in the Laborde action contend that the truck was being used for personal rather than business reasons. In particular, they assert that Ocean Builders does not purchase wood or wood products, that Philip Bastianelli was hauling debris away from the family home at the time of the accident, and that Philip was not acting under the direction or supervision of anyone else when the accident occurred. {See Ex. 11 at 1-6; Ex. 14, Answer No. 5). The Intervenors believe that the Bastianellis have taken this position in an attempt to insulate Ocean Builders and Benjamin Bastianelli from liability, and “to isolate 100% liability on a minor, non-liquid defendant____” (Intervenors’ Mem. at 4 U 9).

Travelers has filed a motion for summary judgment in the instant coverage case. The Intervenors seek to oppose the motion to be able to present the court with all the facts developed as to the purpose for which the truck was being driven at the time of the accident.

Additional facts relevant to this court’s analysis are provided below.

III. ANALYSIS

The Intervenors are seeking intervention as of right pursuant to Fed.R.Civ.P. 24(a) or by permission of the court pursuant to Fed. R.CivJP. 24(b). Because the Intervenors have shown that their interests would not be adequately represented without their participation in the present litigation, that their presence as parties to this case would be helpful in fully developing the factual record, and that they have otherwise satisfied the requirements of Rule 24(b), their motion for permissive intervention is allowed.3

A. Permissive Intervention Standard of Review

Fed.R.Civ.P. 24(b) provides in relevant part:

On timely motion, the court may permit anyone to intervene who ... has a claim or defense that shares with the main action a common question of law or fact____In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties’ rights.

[85]*85In addition, “permissive intervention ordinarily must be supported by independent jurisdictional grounds.” Int’l Paper Co. v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
250 F.R.D. 82, 2008 U.S. Dist. LEXIS 44106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/travelers-indemnity-co-v-bastianelli-mad-2008.