Kaufman v. Chubb Ltd.
Kaufman v. Chubb Ltd.
Opinion of the Court
*1272I. INTRODUCTION
Plaintiff Aaron Kaufman ("Plaintiff") filed the instant matter on September 8, 2017, in Los Angeles Superior Court seeking a declaration that he was entitled to a defense under his homeowners' policy issued by Defendant Federal Insurance Company ("Federal"). The defense that Plaintiff seeks is in connection with a cross-complaint and amended cross-complaint ("Cross-Complaint" and "FACC") filed against Plaintiff by his former employer in the underlying action styled, Kaufman v. California Physicians Services dba Blue Shield of California , Case No. BC577827, Los Angeles County Superior Court ("Underlying Action"). Defendants removed the case to this Court on February 1, 2018. (Notice of Removal, ECF No. 1.) Pending before the Court is Defendants, Federal Insurance Company ("Federal") and Chubb National Insurance Company ("Chubb"), Motion for Summary Judgment, or in the alternative, Partial Summary Judgment ("Motion"). (ECF No. 30.) For the following reasons, the Court GRANTS Defendants' Motion.
II. FACTUAL BACKGROUND
Plaintiff was employed by California Physicians Services dba Blue Shield of California ("Blue Shield") as its Chief Technology Officer and Vice President of Health Information Technology from March 13, 2013, to March 10, 2015. (Defendants' Statement of Uncontroverted Facts and Conclusions of Law ("DSUF") 1, ECF No. 30-2.) Plaintiff worked for Blue Shield's office in San Francisco, California. (DSUF 2.) Federal issued Masterpiece Policy Number 14288420-01 to Plaintiff for the policy period October 15, 2014, to October 15, 2015, (the "Policy"), which provided "Personal Liability Coverage" for suits filed anywhere in the world, including California. (DSUF 3, 5, 6.) The scope of coverage was limited to personal injury or property damage. (Decl. of Elizabeth L. Musser ("Musser Decl.") Ex. P (the "Policy"), T-1, ECF No. 30-12.) "Personal injury" is defined to include libel, slander, defamation of character, or invasion of privacy. (Id. ) Under the Policy, "[Federal] will defend a covered person against any suit seeking covered damages for personal injury or property damage." (Id. ) The Policy contains two exceptions that limit the scope of its coverage: director's liability and business pursuits. (DSUF 9, 10.) Under the director's liability exception there is no coverage for "any damages for any covered person's actions or failure to act as an officer or member of a board of directors of any corporation or organization." (DSUF 9.) Under the business disputes exception, there is no coverage for "any damages arising out of a covered person's business pursuit, investment or other for-profit-activities, any of which are conducted on behalf of a covered person or others, or business property ..." nor "damages or consequences resulting from business or professional care or services performed or not performed." (DSUF 10.)
On April 6, 2015, Plaintiff filed a complaint against Blue Shield and asserted causes of action related to his termination from Blue Shield. (DSUF 11.) In response, *1273on April 21, 2015, Blue Shield filed a Cross-Complaint against Plaintiff. (DSUF 17.) In the Cross-Complaint, Blue Shield asserted causes of action against Plaintiff for (1) Fraud; (2) Breach of Fiduciary Duty; (3) Breach of the Duty of Loyalty; (4) Conversion; and (5) Negligent Misrepresentation. (DSUF 18.) Blue Shield sought "to recover the substantial amount of money that its former Vice President and Chief Technology Officer Aaron Kaufman knowingly misappropriated from Blue Shield, before being terminated." (DSUF 20.) Blue Shield discovered the alleged misappropriation after it investigated Plaintiff's conduct following an after-hours company event at a San Francisco bowling alley on January 6, 2015. (DSUF 22.) Plaintiff organized the event and invited several Blue Shield employees and their spouses or significant others to attend the event, and Plaintiff was joined by his girlfriend. (DSUF 22.) Blue Shield alleged that at some point during the event, Plaintiff's girlfriend posted inappropriate photos of herself while at the bowling alley and shared them on social media sites. (DSUF 23.)
As a result of the investigation, Blue Shield alleged that Plaintiff, "(1) violat[ed] Blue Shield's Travel and Expense Policy; (2) violat[ed] Blue Shield's Code of Conduct; (3) interfer[ed] with an investigation; and (4) caus[ed] reputational damage to Blue Shield," which led Blue Shield to terminate Plaintiff's employment. (DSUF 24.) Blue Shield's Cross-Complaint sought "(1) damages arising out of Kaufman's fraudulent misrepresentations, breaches of fiduciary duty, breaches of the duty of loyalty and conversion; (2) disgorgement from Plaintiff and restitution to Blue Shield of Plaintiff's personal expenses improperly charged to and paid by Blue Shield; (3) punitive damages; (4) an order dismissing Plaintiff's complaint; (5) interest; and (6) attorney's fees." (DSUF 26.)
On or about April 28, 2015, Plaintiff tendered the Cross-Complaint to Defendant Federal for coverage under the Policy. (DSUF 28.) On or about May 12, 2015, a claims adjuster in California sent a letter to Plaintiff's counsel advising him that there was no obligation to provide coverage for Plaintiff in the Cross-Complaint. (DSUF 29.) Following a demurrer, on September 14, 2015, Blue Shield filed its First Amended Cross-Complaint ("FACC") in the Underlying Action and asserted causes of action against Plaintiff for (1) Fraud - Intentional Misrepresentation; (2) Fraud - Concealment; (3) Negligent Misrepresentation; (4) Breach of Fiduciary Duty; and (5) Breach of the Duty of Loyalty. (DSUF 34.) Around September 29, 2015, and October 16, 2015, Plaintiff tendered the FACC for coverage under the Policy. (DSUF 43.) On October 28, 2015, Defendants denied coverage again, and invited Plaintiff to provide additional information supporting a claim for coverage under the Policy. (DSUF 44.) Neither Plaintiff nor his counsel provided additional information in support of coverage. (DSUF 45.)
The Underlying Action was tried to a jury in March 2017, and on March 17, 2017, the jury returned a verdict which denied any remedy to Blue Shield on its FACC, and also denied any remedy to Plaintiff on his complaint. (DSUF 51-52.)
Following the conclusion of the Underlying Action, Plaintiff initiated the instant matter on September 8, 2017, seeking a declaration that he was entitled to a defense under his homeowners' policy in the Underlying Action. (Mot. 1.)
III. LEGAL STANDARD
A court "shall 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 *1274of law." Fed. R. Civ. P. 56(a). Courts must view the facts and draw reasonable inferences in the light most favorable to the nonmoving party. Scott v. Harris ,
Once the moving party satisfies its burden, the nonmoving party cannot simply rest on the pleadings or argue that any disagreement or "metaphysical doubt" about a material issue of fact precludes summary judgment. See Celotex Corp. v. Catrett ,
Pursuant to the Local Rules, parties moving for summary judgment must file a proposed "Statement of Uncontroverted Facts and Conclusions of Law" that should set out "the material facts as to which the moving party contends there is no genuine dispute." C.D. Cal. L.R. 56-1. A party opposing the motion must file a "Statement of Genuine Disputes" setting forth all material facts as to which it contends there exists a genuine dispute. C.D. Cal. L.R. 56-2. "[T]he Court may assume that material facts as claimed and adequately supported by the moving party are admitted to exist without controversy except to the extent that such material facts are (a) included in the 'Statement of Genuine Disputes' and (b) controverted by declaration or other written evidence filed in opposition to the motion." C.D. Cal. L.R. 56-3.
IV. DISCUSSION
Federal contends it is entitled to summary judgment because the Cross-Complaint and FACC in the Underlying Action did not assert any claim coming within the coverage of the Policy. (Mot. 1.) Chubb contends that it is entitled to summary judgment because it is a separate entity from Federal and did not issue the Policy and therefore has no contractual or legal relationship with Plaintiff. (Id. ) Plaintiff alleges that he was entitled to a defense in the Underlying Action because the Cross-Complaint and FACC presented a potential claim under the Policy. (Opp'n to Mot. for Summary J. ("Opp'n") 12, ECF No. 33.) Plaintiff also argues that Chubb is responsible because the Policy was a "Chubb Masterpiece Personal Liability Insurance Policy" issued by Federal.
A. Duty to Defend
Under California law, the duty to defend is determined by "comparing the *1275allegations of the complaint with the terms of the policy. Facts extrinsic to the complaint also give rise to a duty to defend when they reveal a possibility that the claim may be covered by the policy." Gray v. Zurich Insurance Co. ,
In determining whether a claim gives rise to a duty to defend under an insurance policy, courts are guided by the principle "that interpretation of an insurance policy is a question of law." Waller v. Truck Ins. Exchange, Inc. ,
The issue in this case is whether the Underlying Action included a covered claim under the "personal injury" provision of the Policy. Under the Policy, "personal injury" includes libel, slander, or defamation of character.
Under California law, defamation, which may be asserted as a claim for slander (oral) or libel (written), includes the following elements: "(1) a publication that is (2) false, (3) defamatory, (4) unprivileged, and (5) has a natural tendency to injure or causes special damage." KM Strategic Management, LLC v. American Casualty Co. of Reading PA ,
*1276Cabesuela v. Browning-Ferris Indus. of Cal., Inc. ,
Here, neither the Cross-Complaint nor the FACC contain a claim for defamation, libel or slander. Nor do they contain a potential claim for defamation, libel or slander. In the Underlying Action, Blue Shield sought to recover from Plaintiff "the substantial amount of money that ... Plaintiff Aaron Kaufman knowingly misappropriated from Blue Shield, before being terminated." (Cross-Complaint ¶ 1; FACC ¶ 1.) "Kaufman defrauded Blue Shield and betrayed his fiduciary duty and duty of loyalty to the company by knowingly and repeatedly using his corporate card to pay for personal expenditures ...." (FACC ¶ 2.) Blue Shield did not seek to recover for defamation, libel or slander, or any similar claim.
In cases where a duty to defend for defamation or similar causes of action have been found, the factual allegations of the complaints giving rise to the duty to defend clearly set out a potential covered claim. For example, in Barnett v. Fireman's Fund Ins. Co. ,
Plaintiff contends that the mention of "reputational damage" twice in the Cross-Complaint and once in the FACC gave rise to a potential claim for defamation. However, the mere mention of "reputational damage" is insufficient to bring the allegation within a claim for defamation. In the Cross-Complaint and FACC, reputation damage was mentioned as the reason behind Plaintiff's termination and the results of Blue Shield's investigation into Plaintiff's conduct. (See Cross-Complaint ¶ 8 ("Blue Shield's investigation into Kaufman's conduct concluded that Kaufman had ... caused reputational damage to Blue Shield."); FACC ¶ 54 ("Kaufman was terminated for: ... causing reputational damage to Blue Shield.").)
Total Call International Inc. v. Peerless Ins. Co. ,
Since there was no duty to defend a potential claim for slander, libel or defamation under the Policy, the Court will not analyze whether any of the potential exceptions to coverage applied under the Policy. Additionally, because there was no duty to defend, Defendant had no duty to indemnify. See Certain Underwriters at Lloyd's of London v. Superior Court ,
Additionally, since there was no duty to defend Plaintiff under the Policy, Defendants are not liable to Plaintiff for breach of contract. See Travelers Cas. Ins. Co. of Am. v. Mesriani & Assoc. , No. CV14-7898 GHK (AGRx),
Further, regardless of Chubb's relationship to Plaintiff under the Policy, the allegations in the Cross-Complaint and FACC do not give rise to a duty to defend, as discussed above. Accordingly, the issue of whether Chubb or Federal is responsible for the Policy is immaterial to the outcome of this Motion, and as such, the Court declines to address the issue.
V. CONCLUSION
Accordingly, Defendants' Motion for Summary Judgment is GRANTED , and the parties' joint stipulation to continue trial (ECF No. 42) is DENIED as moot. The Court will issue judgment, and the Clerk of the Court shall close the case.
IT IS SO ORDERED.
After considering the papers filed in connection with this Motion, the Court deemed this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78(b) ; C.D. Cal. L.R. 7-15.
Reference
- Full Case Name
- Aaron KAUFMAN v. CHUBB LIMITED
- Status
- Published