West Bend Mutual Insurance, Company v. Wood Tree Service, LLC

CourtDistrict Court, M.D. Tennessee
DecidedAugust 4, 2025
Docket3:24-cv-00766
StatusUnknown

This text of West Bend Mutual Insurance, Company v. Wood Tree Service, LLC (West Bend Mutual Insurance, Company v. Wood Tree Service, LLC) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
West Bend Mutual Insurance, Company v. Wood Tree Service, LLC, (M.D. Tenn. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

WEST BEND MUTUAL INSURANCE, ) COMPANY, ) ) Plaintiff, ) NO. 3:24-CV-00766 ) v. ) JUDGE RICHARDSON ) WOOD TREE SERVICE, LLC, ET AL. ) ) Defendants. ) ) MEMORANDUM OPINION AND ORDER In this declaratory judgment action, Plaintiff seeks a declaration that it is not required, under a liability insurance policy it issued, to defend or indemnify Defendants with respect to claims in a lawsuit asserted by an injured worker. Pending before the Court is a Motion for Judgment on the Pleadings (Doc. No. 22, “Motion”) filed by Plaintiff, West Bend Mutual Insurance Company (“West Bend”). The Motion is accompanied by a supporting memorandum of law (Doc. No. 22-1, “Memorandum”). Via the Motion, West Bend seeks judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) on the grounds that as a matter of law, coverage with respect to the injured worker was excluded under an Employer’s Liability exclusion clause in the policy at issue. (Doc. No. 22).1 Defendants, Wood Tree Service (“Wood Tree Service”) and Robyn Wood, filed a response in opposition to the Motion. (Doc. No. 25, “Response”). West Bend filed a reply, in which it

1 Although the Motion is a motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c), the underlying relief sought by Plaintiff (the movant) is a declaratory judgment. Accordingly, were the Court to address the Motion on the merits, it would need to assess whether, drawing all reasonable inferences in favor of Defendants (the non-movants), the pleadings establish that declaratory relief is appropriate. See Reilly v. Vadlamudi, 680 F.3d 617, 622–23 (6th Cir. 2012) (explaining that Rule 12(c) motions are evaluated under the same standard as Rule 12(b)(6)). maintains that its complaint (Doc. No. 1, “West Bend’s Complaint”) alleges undisputed facts that entitle West Bend to judgment as a matter of law. (Doc. No. 26, “Reply”). For the reasons discussed herein, the Court declines to rule on the Motion because it declines to exercise jurisdiction in this case.

RELEVANT BACKGROUND This action (which is a kind of action sometimes referred to herein as a “declaratory action”) was filed by West Bend, an insurance company that provides commercial general liability insurance coverage to Wood Tree Service. West Bend seeks a declaration that it is not obligated to provide defense2 or indemnity to Wood Tree Service in an underlying state-court suit (“State- Court Action”) filed in May 2024 by Aaron Minon (the aforementioned injured worker) in Wilson County Circuit Court, styled Aaron David Minon v. Wood Tree Service, LLC d/b/a Robyn Wood Tree Service and Robyn Wood, Case No. 24-CV-00296. In the State-Court Action, Minon asserts negligence claims against Wood Tree Service and its owner, Robyn Wood. (Doc. No. 1-1, “State- Court Complaint” at ¶¶ 5, 21). The relevant alleged facts from the State-Court Complaint, all of

which remain to be proven (if they can be) in the State-Court Action as far as the instant record reveals, are set forth in the following three paragraphs. On July 3, 2023, Minon was “employed by”3 Wood Tree Service as a steeplejack and tree removal specialist to perform emergency services on a tree that had broken over two residences located in the Green Hills area of Nashville, Tennessee. (Doc. No. 1-1 at ¶¶ 5, 6). To accomplish

2 West Bend is currently providing a defense, albeit strictly under a reservation of rights because it still seeks to establish (via the instant action) that it owes Defendants no duty to defend at all. (Doc. No. 1 at ¶18).

3 The Court is aware that this particular allegation may actually fall more within the realm of legal conclusion that factual allegation. the desired removal, the broken section of the tree was stabilized using two rope lines (commonly known as bull lines) that were attached to the tip and base of the tree, respectively. (Id. at ¶ 10). In order to help control the descent of the broken tree fragment, the line secured to the tip of the tree was attached by one of Wood Tree Service’s employees, Casey Moon, to a friction-lowering

device mounted on a nearby tree. (Id. at ¶¶ 12, 13). That line was then held by Robyn Wood, the owner of Wood Tree Service, to manage the line in such a way that the tree could be lowered safely to the ground. (Id. at ¶ 13). While Minon was on the roof securing the tree, Robyn Wood “let loose” the line attached to the tip of the tree. (Id. at ¶ 15). Minon plummeted to the ground, with the tree crushing his lower body. (Id.). He sustained severe injuries that were both permanent and disabling, and he was hospitalized for over a month. (Id. at ¶¶ 16-17). His injuries included a shattered hip, a broken femur, bladder trauma, urethra trauma, and kidney trauma. (Id. at ¶ 16). Minon alleges that his injuries are the result of negligent actions of both Casey Moon and Robyn Wood, who (according to Minon) failed to properly secure and control the line that was

attached to the tip of the tree. (Doc. No. 1-1 at ¶ 18). In an attempt to receive compensation for his injuries, Minon filed a petition on September 1, 2023, for Benefit Determination with the Tennessee Workers’ Compensation Bureau. (Id. at ¶ 19). Wood Tree Service claimed—at some point and in some fashion—during the Workers’ Compensation matter that Minon was not an employee but rather an independent contractor. (Id. at ¶ 20). Accordingly, Wood Tree Service argued that Minon was not entitled to benefits under the Tennessee Workers’ Compensation Act. (Id.). Minon then initiated the State-Court Action, alleging that Wood Tree Service and Robyn Wood are liable for his injuries under a theory of res ipsa loquitor due to the negligence of its employees in handling and securing the tree. (Id. at ¶ 29). Wood Tree Service notified its insurer, West Bend, of Minon’s lawsuit, seeking coverage (i.e., a defense and indemnification) under its liability insurance policy (“Policy”). (Doc. No. 1 at ¶ 18). On June 24, 2024, West Bend filed West Bend’s Complaint to initiate the instant insurance-

coverage litigation. In its prayer for relief, West Bend’s Complaint requests a declaratory judgment that West Bend has no duty to defend or indemnify Wood Tree Service, or owner Robyn Wood, in the State-Court Action.4 (Doc. No. 1 at 5-6). In so requesting, the Complaint relies upon the “Employer’s Liability” exclusion clause within the Policy, which excludes coverage for “bodily injury” for an “employee” of the insured arising out of and in the course of “employment by the insured” or “performing duties related to the conduct of the insured’s business.” (Doc. No. 1 at ¶¶ 21, 22; Doc. No. 1-2 at 22).5 The instant Motion likewise relies on this exclusion. LEGAL STANDARD The Declaratory Judgment Act states that, in a case of actual controversy within its

jurisdiction, the court may declare the rights and other legal relations of any interested party seeking such declaration. 28 U.S.C. § 2201(a). The Act confers on federal courts “unique and substantial discretion in deciding whether to declare the rights of litigants.” Vanderbilt Univ. v. Scholastic, Inc., 382 F. Supp. 3d, 734, 758 (M.D. Tenn. 2019) (quoting Wilton v. Seven Falls Co. [Wilton], 515 U.S. 277, 286 (1995); Mass. Bay Ins. Co. v. Christian Funeral Directors, Inc., 759

4 Minon is not a party. He did file a motion to intervene in this case (Doc. No.

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

Related

Brillhart v. Excess Insurance Co. of America
316 U.S. 491 (Supreme Court, 1942)
Public Serv. Comm'n of Utah v. Wycoff Co.
344 U.S. 237 (Supreme Court, 1952)
Flast v. Cohen
392 U.S. 83 (Supreme Court, 1968)
Mathews v. Eldridge
424 U.S. 319 (Supreme Court, 1976)
Wilton v. Seven Falls Co.
515 U.S. 277 (Supreme Court, 1995)
Allstate Insurance Company v. Green
825 F.2d 1061 (Sixth Circuit, 1987)
Reilly v. Vadlamudi
680 F.3d 617 (Sixth Circuit, 2012)
State Farm Fire & Casualty Co. v. White
993 S.W.2d 40 (Court of Appeals of Tennessee, 1998)
Standard Fire Insurance Co. v. Chester-O'Donley & Associates, Inc.
972 S.W.2d 1 (Court of Appeals of Tennessee, 1998)
Toll Bros., Inc. v. Township of Readington
555 F.3d 131 (Third Circuit, 2009)
Scottsdale Insurance v. Flowers
513 F.3d 546 (Sixth Circuit, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
West Bend Mutual Insurance, Company v. Wood Tree Service, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-bend-mutual-insurance-company-v-wood-tree-service-llc-tnmd-2025.