Union Carbide Corp. v. Aetna Casualty & Surety Co.

562 A.2d 15, 212 Conn. 311, 30 ERC (BNA) 1495, 1989 Conn. LEXIS 227
CourtSupreme Court of Connecticut
DecidedJuly 25, 1989
Docket13680; 13681; 13682
StatusPublished
Cited by58 cases

This text of 562 A.2d 15 (Union Carbide Corp. v. Aetna Casualty & Surety Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Union Carbide Corp. v. Aetna Casualty & Surety Co., 562 A.2d 15, 212 Conn. 311, 30 ERC (BNA) 1495, 1989 Conn. LEXIS 227 (Colo. 1989).

Opinion

Peters, C. J.

The dispositive issue in this appeal is whether the trial court abused its discretion in granting a motion to dismiss on the ground of forum non conveniens. The plaintiff, Union Carbide Corporation, brought an action seeking a declaratory judgment1 to determine its insurance coverage for reimbursement of damages and costs associated with its toxic waste [313]*313disposal activities at various sites throughout the country and in the Commonwealth of Puerto Rico. The defendants are 115 insurance companies that, since 1944, have insured the plaintiff under comprehensive general liability insurance policies, umbrella policies, and excess insurance policies. In response to the plaintiffs action, eighty-six defendants filed counterclaims seeking a declaration that they were not obligated to provide the insurance coverage sought by the plaintiff. After the closing of the pleadings, thirteen defendants filed a motion, to which the plaintiff and fifty-five other defendants objected, for dismissal of the plaintiffs complaint on the ground that Connecticut was not a proper forum for this action. The trial court, after a hearing, granted the motion and dismissed the action in its entirety. Although four appeals were initially filed from this judgment, the plaintiff withdrew its own appeal. The three remaining appeals, filed separately by the named defendant and two groups of insurance companies, were consolidated, expedited and transferred to this court pursuant to Practice Book § 4023. We find no error.

The relevant facts are undisputed. The plaintiffs complaint sought reimbursement for outstanding claims for environmental property damages and cleanup costs relating to its hazardous waste disposal activities since 1944 at thirteen sites, all outside of Connecticut.2 The plaintiff, a New York corporation, moved its corporate headquarters from New York to Connecticut in 1980. The defendant insurance corporations are headquartered in various locations in this country and abroad. Only four of the defendants have their head[314]*314quarters in Connecticut, but that number includes the named defendant, which is the issuer of primary comprehensive general liability policies that cover all thirteen sites. Most of the 2116 insurance policies under which the plaintiff seeks coverage were not specifically issued to cover particular sites.

Despite the fact that the long arm statute, General Statutes § 52-59b, conferred jurisdiction on the trial court over all the defendants, the court granted the motion to dismiss filed by thirteen defendants. Concededly, the court had the authority to entertain and adjudicate this motion to dismiss. “The common law principle of forum non conveniens provides that a court ‘may resist imposition upon its jurisdiction’ even when it has jurisdiction. (Emphasis added.) Gulf Oil Corporation v. Gilbert, [330 U.S. 501, 507, 67 S. Ct. 839, 91 L. Ed. 1055 (1947)].” Brown v. Brown, 195 Conn. 98, 108, 486 A.2d 1116 (1985).

The trial court’s thoughtful and thorough seventy-nine page memorandum of decision documents the reasons for its action. Relying upon the methodology suggested by Gulf Oil Corporation v. Gilbert, supra, 508-509, the court first considered the availability of an alternate forum for adjudication of this law suit, and concluded that the courts of the seven states and Puerto Rico, where the thirteen toxic waste sites are located, would have jurisdiction over this litigation.

The trial court then went on to examine those private and public interest factors that Gulf Oil Corporation v.' Gilbert, supra, directs a court to balance. It emphasized the significance of the following five factors, which, inter alia, make Connecticut an inconvenient forum: (a) resolution of the coverage issues under the various insurance policies would in many cases entail thirteen site-specific factual inquiries into activities unrelated to Connecticut; (b) questions of law [315]*315relating to resolution of the coverage issues would be governed, under applicable principles of conflict of laws, by the substantive law of states other than Connecticut; (c) many unwilling witnesses connected with operations at or near the thirteen toxic waste sites would not easily be compelled to attend a trial in Connecticut; (d) a single trial adjudicating all of the issues would take much longer, and be much more complicated, than a series of trials in the states where the toxic waste sites are located; and (e) court congestion in Connecticut would delay resolution of this litigation. The court concluded that these considerations outweighed both of the principal competing interests that it identified: the private interest of willing witnesses who wanted to avoid the costs of travel and repetitive testimony; and the special interest of the plaintiff in its selection of an appropriate forum.3

Finally, the court noted that well established limitations on recourse to declaratory judgments lent further support to dismissal of this case. The court referred to numerous cases invoking the rule of Practice Book § 390 (c) that “[t]he court will not render declaratory judgments . . . where the court shall be of the opin[316]*316ion that the parties should be left to seek redress by some other form of procedure.” See, e.g., Connecticut Life & Health Ins. Guaranty Assn. v. Jackson, 173 Conn. 352, 360, 377 A.2d 1099 (1977); Stevens’ Appeal, 157 Conn. 576, 579, 255 A.2d 632 (1969).

In their appeal, the appellants, those defendants that contest dismissal of the plaintiffs cause of action, ask us to review two claims of error. They maintain that the trial court’s judgment: (1) fails to implement limitations imposed by the Connecticut constitution upon the doctrine of forum non conveniens; and (2) manifests an abuse of discretion under the common law doctrine of forum non conveniens. Only the second of these two claims is properly before us, however, since no constitutional issue was “distinctly raised” in the trial court, as Practice Book § -4185 requires.4

I

Before addressing the merits of the appellants’ claim of abuse of discretion, we must consider whether, as the appellees maintain, supervening events have deprived this court of jurisdiction to hear this appeal. The appellees rely on two facts: the parties’ negotia[317]*317tion of the “Carbide Agreement,” and the plaintiff’s subsequent withdrawal of its appeal in this case. The “Carbide Agreement,” voluntarily entered into by all of the parties on March 27, 1989, provides that, with respect to all the relevant insurance issues in this case, litigation will proceed in eight site-specific lawsuits filed, on or about February 15,1989, in the eight jurisdictions in which the thirteen toxic waste sites are located.

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Bluebook (online)
562 A.2d 15, 212 Conn. 311, 30 ERC (BNA) 1495, 1989 Conn. LEXIS 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-carbide-corp-v-aetna-casualty-surety-co-conn-1989.