U.S. Specialty Ins. Co. v. Payne

387 F. Supp. 3d 853
CourtDistrict Court, E.D. Tennessee
DecidedNovember 28, 2017
DocketCase No. 4:16-cv-52
StatusPublished
Cited by4 cases

This text of 387 F. Supp. 3d 853 (U.S. Specialty Ins. Co. v. Payne) is published on Counsel Stack Legal Research, covering District Court, E.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
U.S. Specialty Ins. Co. v. Payne, 387 F. Supp. 3d 853 (E.D. Tenn. 2017).

Opinion

HARRY S. MATTICE, JR., UNITED STATES DISTRICT JUDGE

This matter is before the Court on the Motion for Summary Judgment (Doc. 49) filed by Plaintiff U.S. Specialty Insurance Company ("USSIC"). The Court having carefully considered the submissions of the parties, the entire record, and the applicable law, finds that the Motion for Summary Judgment should be GRANTED .

I. BACKGROUND

On or about March 27, 2015, Plaintiff USSIC issued an insurance policy to Defendant Clinton J. Payne to insure a 1967 Mooney M20C aircraft. (Doc. 17-2 at 1; 5). Within the policy application, Defendant Payne affirmed that he had 3,000 total aircraft pilot hours and fifteen (15) pilot hours in the model aircraft sought to be covered. (Doc. 17-3 at 1). According to Plaintiff, it relied on these representations when issuing the policy. (Doc. 17 at 3).

During the application process, Defendants allege that Payne had several conversations with various insurance agents in which he expressed confusion with some of the questions, including the questions about pilot hours, and that the final application was a product of those conversations. (Docs. 53, 54, 55, 59).

On April 18, 2015, Defendant Payne attempted to take off in the insured aircraft at the Winchester Municipal Airport in Winchester, Tennessee. Plaintiff states that Defendant Payne allowed five individuals on the aircraft, even though there were only four seats in the plane. Plaintiff asserts that due to the excess passenger and improper weight distribution, the aircraft crashed almost immediately upon takeoff. (Id. ). The record reflects that Defendants Michael Lombard, Adam Miller, Elizabeth Miller, and Desarae Thomas were the four passengers on the insured aircraft at the time of the crash. (Id. ). The record further reflects that these Defendants have filed separate tort actions in Franklin County Circuit Court, alleging negligence claims against Defendant *858Payne. (Id. ). It appears that those actions remain pending at this time. The record does not reflect that Plaintiff is a named party in those proceedings.

The other remaining Defendant, Citizens Bank Corp., Inc., possesses a security interest in the aircraft that is the subject of the policy. (Doc. 17 at 4). To date, Citizens Bank has yet to enter an appearance, despite being served with service of process. (Doc. 23). On September 21, 2016, Plaintiff moved for a judgment of default against Citizens Bank, which the Court denied with leave to refile for the reasons set forth in its previous Order. (Doc. 34).

After the accident, Defendant Payne submitted a claim to Plaintiff, seeking coverage under the policy for the liability claims asserted by the other Defendants. (Doc. 17-4). Plaintiff immediately began investigating the claim, and discovered that Payne's actual total pilot flight time was 80.1 hours at the time of the accident, and his pilot flight time in the insured aircraft was 3.3 hours. (Docs. 17 at 5; 49-2 at 5). Defendants do not dispute that these are Payne's actual credentials.

On June 13, 2016, Plaintiff filed this declaratory judgment action. (Doc. 1). It later filed an Amended Complaint on June 30, 2016. (Doc. 17). Plaintiff filed the instant motion on September 5, 2017, asserting that Defendant Payne's responses in his policy application constitute material misrepresentations sufficient to void the policy from its inception. On this basis, Plaintiff argues that it has neither the duty to defend nor indemnify Defendants in the underlying state court action. (Docs. 49, 51). Thereafter, Defendants filed separate Responses, (Docs. 52, 54, 55, 57), and Plaintiff filed two separate Replies (Docs. 56, 58). Upon review, the Court finds that the issues in this case have been fully briefed and are ready for disposition.

II. STANDARD

Federal Rule of Civil Procedure 56 instructs the Court to grant 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). A party asserting the presence or absence of genuine issues of material facts must support its position either by "citing to particular parts of materials in the record," including depositions, documents, affidavits or declarations, stipulations, or other materials, or by "showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact." Fed. R. Civ. P. 56(c)(1). When ruling on a motion for summary judgment, the Court must view the facts contained in the record and all inferences that can be drawn from those facts in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp. , 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) ; Nat'l Satellite Sports, Inc. v. Eliadis Inc. , 253 F.3d 900, 907 (6th Cir. 2001). The Court cannot weigh the evidence, judge the credibility of witnesses, or determine the truth of any matter in dispute. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

The moving party bears the initial burden of demonstrating that no genuine issue of material fact exists. Celotex Corp. v. Catrett , 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The moving party may discharge this burden either by producing evidence that demonstrates the absence of a genuine issue of material fact or simply "by 'showing' - that is, pointing out to the district court - that there is an absence of evidence to support the nonmoving party's case."

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Bluebook (online)
387 F. Supp. 3d 853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-specialty-ins-co-v-payne-tned-2017.