Travelers Indemnity Co. v. Miller Building Corp.

221 F. App'x 265
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 7, 2007
Docket05-2235
StatusUnpublished
Cited by3 cases

This text of 221 F. App'x 265 (Travelers Indemnity Co. v. Miller Building Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit 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. Miller Building Corp., 221 F. App'x 265 (4th Cir. 2007).

Opinion

PER CURIAM:

This declaratory judgment action centers around the construction of a hotel and the insurance coverage that existed for losses caused by defects in the building. The district court determined the extent of coverage under the insurance policy prior to completion of arbitration proceedings between the builder and the owner of the hotel. We affirm.

I.

Miller Building Corporation (“Miller”) was hired by PVC, Inc. to build a hotel at Wrightsville Beach, North Carolina. Upon completion of the work, PVC asserted that numerous deficiencies existed and stopped payments to Miller. In September 2000, Miller initiated arbitration proceedings against PVC, and PVC responded with counterclaims for construction defects against Miller. Because Travelers Indem *267 nity Company (“Travelers”) had issued a commercial general liability policy to Miller for the time period at issue, Travelers became involved in the controversy and filed the present declaratory judgment action.

Initially, Travelers denied it had any duty to defend Miller because of the nature of the claims being made by PVC. We ultimately resolved this issue in favor of Miller, recognizing the breadth of an insurer’s responsibility to defend its insured and the existence of at least one claim for which coverage could exist. See Travelers Indem. Co. v. Miller Bldg. Corp., 97 Fed.Appx. 431 (4th Cir.2004).

Upon return to the district court after our ruling, Travelers filed for summary judgment, seeking a decision that any coverage Travelers might have was limited “to physical injury to tangible property separate from the hotel and that was delivered to Miller in an undamaged state.” J.A. 38. Miller opposed summary judgment and urged the district court to stay the court proceedings until the pending arbitration could be completed.

The district court found no reason for delay and issued its order. The district court determined that:

Travelers’ coverage extends to damage to property separate from the hotel that was not subjectively foreseeable to Miller Building. Travelers’ coverage includes consequential damages for the loss of use of property separate from the hotel, unless Miller building failed to perform its construction contract with PVC according to its terms. Travelers’ coverage does not include consequential damages from the delay in opening the hotel.

J.A. 82. From this decision the present appeal followed.

II.

The Declaratory Judgment Act provides that in a case within the district court’s jurisdiction, the court “may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought.” 28 U.S.C.A. § 2201(a) (West 2006). The Declaratory Judgment Act is “an enabling Act, which confers a discretion on the courts rather than an absolute right upon the litigant.” Wilton v. Seven Falls Co., 515 U.S. 277, 287, 115 S.Ct. 2137, 132 L.Ed.2d 214 (1995) (internal quotation marks omitted). “[A] declaratory judgment action is appropriate when the judgment will serve a useful purpose in clarifying and settling the legal relations in issue, and ... when it will terminate and afford relief from the uncertainty, insecurity, and controversy giving rise to the proceeding.” Centennial Life Ins. Co. v. Poston, 88 F.3d 255, 256 (4th Cir.1996) (internal quotation marks omitted). We have long recognized the discretion afforded to district courts in determining whether to grant declaratory relief. Thus we review the district court’s decision for an abuse of discretion. See Penn-America Ins. Co. v. Coffey, 368 F.3d 409, 412 (4th Cir.2004).

Miller argues first that the district court should not have defined the scope of the insurance coverage until the cause and extent of PVC’s damage had been fleshed out and determined in the arbitration proceedings. Under the circumstances of the case, we find no error in the decision of the district court to resolve the coverage issue presented in this declaratory judgment action.

As a general practice, courts wait to decide coverage until litigation or agreement has determined the particular damage for which an insured will be responsible. See e.g., Waste Mgmt. of Carolinas, *268 Inc. v. Peerless Ins. Co., 315 N.C. 688, 340 S.E.2d 374, 377 (1986) (“An insurer’s duty to defend is ordinarily measured by the facts as alleged in the pleadings; its duty to pay is measured by the facts ultimately determined at trial.”); Wayne Bros., Inc. v. North River Ins. Co., 2003 WL 22213615 (M.D.N.C.2003) (concluding that the circumstances were not ripe for a declaration of the scope of indemnification because issues involving causation were still outstanding). When the separate proceeding has defined the damages, the parties resort to the insurance policy to see whether all or part of that damage is covered by insurance. Waiting to decide the scope of indemnification is not, however, a hard and fast rule, and there may indeed be circumstances where the issues in the case and the development of the case, along with interests in judicial economy, present a situation where the court can materially advance the litigation by deciding the legal outlines of coverage prior to the completion of litigation over particular items of damage.

Here, the parties had already been to this court once on the question of whether Travelers’ policy covered any of the damages alleged in PVC’s complaint. Our opinion acknowledged that North Carolina law would severely limit the types of damage for which the insured would be indemnified, but we identified a narrow claim for which coverage might exist and found it sufficient to trigger a duty to defend. See Travelers, 97 Fed.Appx. at 434-35. While we did not technically decide anything beyond the duty to defend question, we implicitly recognized that a vast majority of the alleged damages would not be covered by the policy.

After our ruling, the North Carolina Court of Appeals farther clarified the coverage question through its decision in Production Systems Inc. v. Amerisure Insurance Co., 167 N.C.App. 601, 605 S.E.2d 663 (2004). This ruling, discussed infra, provided further guidance to the parties and the district court as to what the coverage limitations were in similar circumstances for the type of damages here alleged. Consequently, at the time the district court made its ruling, the law controlling the insurance dispute between Miller and Travelers was fairly well defined.

Additionally, as it arose in this case, the indemnification issue was a narrow, purely legal question, and in light of our prior opinion and the North Carolina Court of Appeals decision in Production Systems, the proper answer to the question raised by Travelers was relatively clear.

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221 F. App'x 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/travelers-indemnity-co-v-miller-building-corp-ca4-2007.