Vale Chemical Co. v. Hartford Accident & Indemnity Co.

516 A.2d 684, 512 Pa. 290, 1986 Pa. LEXIS 889
CourtSupreme Court of Pennsylvania
DecidedOctober 17, 1986
Docket138; 139
StatusPublished
Cited by83 cases

This text of 516 A.2d 684 (Vale Chemical Co. v. Hartford Accident & Indemnity Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vale Chemical Co. v. Hartford Accident & Indemnity Co., 516 A.2d 684, 512 Pa. 290, 1986 Pa. LEXIS 889 (Pa. 1986).

Opinions

OPINION OF THE COURT

HUTCHINSON, Justice.

Transamerica Insurance Company (“Transamerica”) and Hartford Accident and Indemnity Company (“Hartford”) appeal by allowance a Superior Court order which affirmed the Court of Common Pleas of Lehigh County in this declaratory judgment action. Common Pleas held that both appellants had issued liability policies whose coverage required them to provide appellee both defense and indemnifi[292]*292cation for an Illinois plaintiffs products liability action in Illinois. Plaintiff brought that action for cancer which she claimed to suffer as a result of appellee’s manufacture and sale of the drug diethylstilbestrol (“DES”) to her mother during pregnancy. Because the Illinois plaintiff, an indispensable party, was not joined, we reverse for lack of subject matter jurisdiction.

Appellee, Vale Chemical Company (“Vale”), filed this action to determine whether appellant insurance companies were required to defend the action filed against Vale in Illinois and to indemnify it for liability. In Illinois, Sandra Smith had sued Vale and all other manufacturers of the drug DES for damages, after she was diagnosed as suffering from vaginal cancer allegedly caused by her mother’s use of DES during pregnancy. Manufacturers’ Casualty Insurance Company, appellant Transamerica Insurance Company’s predecessor in interest, provided liability coverage for Vale at the time Ms. Smith’s mother took DES. Hartford covered Vale at the time Smith was diagnosed as having cancer.

Vale brought this action under our Declaratory Judgments Act, 42 Pa.C.S. §§ 7531-7541, to determine whether its insurance contracts with appellants required them to defend Vale and indemnify it against Smith’s claim. Common Pleas held that both companies were required to provide a defense because there was scientific evidence to show that Smith suffered bodily injury at the time of her mother’s exposure to DES and also at the time the cancer was diagnosed in her body, some twenty-five years later.

Superior Court affirmed that decision on a different theory. It held there was continuous exposure to the effects cf DES for those twenty-five years and that all insurers who cover a party during the period of exposure are responsible for providing a defense. In so doing, Superior Court expressly adopted the “multi-trigger” theory of liability. See, e.g., Keene Corp. v. Insurance Company of North America, 667 F.2d 1034 (D.C.Cir.1981), cert. denied, 455 U.S. 1007, 102 S.Ct. 1644, 71 L.Ed.2d 875 (1982); Eli Lilly v. [293]*293Home Insurance Co., No. 82-0669, (D.D.C. April 12, 1984), appeal pending, No. 84-5391 (D.C.Cir.); A.C. & S. v. Aetna Casualty and Surety Co., 576 F.Supp. 936 (E.D.Pa.1983). We granted Hartford’s and Transamerica’s petitions for allowance of appeal and now hold that Common Pleas lacked jurisdiction to issue a declaratory judgment on this record. Therefore, we vacate Superior Court’s order and remand to Common Pleas with directions to dismiss appellee’s suit for lack of subject matter jurisdiction.

At oral argument, all parties were directed to file supplemental briefs concerning a jurisdictional issue not raised in any court below: whether under our Declaratory Judgment Act the court can hear the case if the injured party is not joined. Our Declaratory Judgments Act states:

§ 7540. Parties
(a) General rule. — When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.

42 Pa.C.S. § 7540. In Carlsson v. Pennsylvania General Insurance Co., 417 Pa. 356, 207 A.2d 759 (1965), we were presented with an identical issue. There, appellants sought to have their insurance company defend personal injury claims against them and to pay claims under the policy. We held that the failure to join the plaintiffs in the personal injury claims was a fatal defect, citing the predecessor to 42 Pa.C.S. § 7540 and Keystone Insurance Co. v. Warehousing Equipment Corp., 402 Pa. 318, 165 A.2d 608 (1960). In Pleasant Township v. Erie Insurance Exchange, 22 Pa. Commonwealth Ct. 307, 348 A.2d 477 (1975), Commonwealth Court summarized our precedents on this issue:

Our Supreme Court has consistently held that where claims are asserted against an insured, the persons asserting the claims are indispensable parties in a declaratory judgment action on the issue of coverage between the insured and the insurance carrier. The failure to join a [294]*294claimant whose interests would be affected has been held to be fatal error.

22 Pa. Commonwealth Ct. at 311, 348 A.2d at 479-80, citing Carlsson, supra; Keystone, supra; and Mains v. Fulton, 423 Pa. 520, 224 A.2d 195 (1966) (footnotes omitted). See also Standard Pennsylvania Practice 2d § 66.45.1

All parties argue that the failure to join the tort plaintiff is not fatal to this action. Because appellants are willing to share the cost of providing a defense, pending resolution of who has that obligation, they state that the Illinois plaintiff has no conceivable interest in the outcome of this suit. They argue that the obligation to defend may be broader than the obligation to indemnify the insured for its losses under their policies. However, they concede, as they must, that the plaintiff has an interest in seeing that an insurance company pays the judgment against its insured. Whatever the merits of that distinction, the record here shows that both obligations of the insurers were involved. Appellee Yale’s complaint asks that the court enter a judgment ordering both appellants

to defend the aforesaid action instituted by Sandra Smith against the Plaintiff and in the event of an award of damages to Sandra Smith and against the Plaintiff to pay the amount of said damages.

Complaint, filed February 9,1981. In addition, Manufacturers and Transamerica, in their motion for summary judgment, asked the court to declare that their policy

provides no applicable coverage for the underlying lawsuit instituted by Sandra Smith, but on the contrary, any such duty of defense and indemnification is solely the responsibility of the Hartford.

Motion for Summary Judgment of Manufacturers’ Casualty Insurance Co. and Transamerica Insurance Co., filed July 6, 1982. See also Motion for Summary Judgment of Hartford [295]*295Accident and Indemnity Co., filed October 4, 1982. Thus, because the action sought a declaration about coverage in this case, it is apparent that Smith had an interest in this declaratory judgment action when it was filed.2

Alternately, the parties argue the issue posed in this record is of great public concern because a large number of similar lawsuits are currently pending against appellee Yale and other manufacturers of DES.

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

Related

Penn Psychiatric Center v. United States Liability
2021 Pa. Super. 125 (Superior Court of Pennsylvania, 2021)
Commonwealth, Aplt v. Irland, J (Semi-Auto Pistol)
Supreme Court of Pennsylvania, 2018
Pa. Manufacturers' Ass'n Ins. Co. v. Johnson Matthey, Inc.
188 A.3d 396 (Supreme Court of Pennsylvania, 2018)
Target Corp. v. Frederick Mut. Ins. Co.
302 F. Supp. 3d 695 (E.D. Pennsylvania, 2018)
Century Sur. Co. v. Essington Auto Ctr., LLC
140 A.3d 46 (Superior Court of Pennsylvania, 2016)
Stewart Title v. McClain, J.
Superior Court of Pennsylvania, 2016
Liberty Surplus Insurance v. McFaddens at Ballpark LLC
116 F. Supp. 3d 447 (E.D. Pennsylvania, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
516 A.2d 684, 512 Pa. 290, 1986 Pa. LEXIS 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vale-chemical-co-v-hartford-accident-indemnity-co-pa-1986.