Koppal v. Travelers Indem. Co. of Hartford, Conn.
Koppal v. Travelers Indem. Co. of Hartford, Conn.
Opinion of the Court
On appeal from a denial of a motion for relief from judgment,
The action against both insurance companies was brought to collect payment for damages caused by a fire. The complaint asserts that appellants, Mr. and Mrs. Kop-pal, purchased certain real property from appellant Joy Trading Company, Inc. (Joy Co.) and at that time secured a $10,000 insurance policy on the property from Firemen’s Insurance Company of Washington, D. C. (Firemen’s). It was also asserted that at the time of sale, Joy Co. assigned to the Koppals an $8000 policy it had with Travelers Indemnity Company of Hartford, Connecticut (Travelers) for the same property and that the Koppals paid a $160 premium due thereon. Within a few days of the purchase and assignment, the property suffered fire damage in the asserted amount of $2,243.35, which both insurance companies refused to pay.
At the time of filing its answer, Firemen’s submitted interrogatories to the Kop-pals. No answers thereto were filed and an order striking the complaint as to the Koppals was entered. Firemen’s then moved for judgment on the pleadings against Joy Co. and by affidavit asserted that Joy Co. was not a beneficiary of any company police covering the property in question. This motion went unopposed, was treated by the trial judge as one for summary judgment, and as such was granted.
Travelers also moved for summary judgment against Joy Co. However, the trial court entered an order purporting to grant summary judgment “for the said defendant, and against plaintiff, Raymond Kop-pal, et al and Joy Trading Company, Inc.”
The Motion to Reinstate was based entirely on the contention that appellants were denied “their day in court” because of failure of their counsel to apprise them of the interrogatories and to oppose the motions resulting in summary judgment. At no time did counsel address the question of the scope and extent of relief available under SCR Civil Rule 37(d) for failure of a party
As to the order granting summary judgment to Travelers in excess of that requested, it must be observed that no one brought that fact to light in the proceedings seeking relief from judgment. Moreover, it must be remembered that SCR Civil Rule 56(e) provides in cases of a failure to respond to a summary judgment motion that such judgment shall be entered “if appropriate”. Here it appears that the entry of judgment in favor of travelers against the Koppals was an undiscovered inadvertence. The order was submitted to the court on counsel’s stationery. Again we conclude that the record fails to reveal the kind of informed judgment on the motion seeking relief from judgment worthy of presumed validity sufficient to stand absent a showing of abuse of discretion.
Under these circumstances, we conclude that the entire manner in which all claims were adjudicated should be reviewed under the motion seeking relief from judgment in order that the full purpose of Rule 60(b) may be realized. See D.C. Code 1967, § 17-306. In this context we note that in its motion for summary judgment Travelers failed to submit a statement of material facts as to which it contends there is no genuine issue. See SCR Civil Rule 12-l(k). Had this been done it is likely that counsel and the court would have discovered the error in granting judgment against the Koppals when such was not sought.
Accordingly, the order appealed from is vacated and the case remanded for reconsideration of the motion for relief from judgment in light of what has been said herein.
So ordered.
. SCR Civil Rule 60(b).
. Counsel on appeal did not represent appellants in the trial court.
.SCR Civil Rule 33.
Reference
- Full Case Name
- Raymond KOPPAL v. TRAVELERS INDEMNITY COMPANY OF HARTFORD, CONNECTICUT, a corporation, and Firemen's Insurance Company of Washington, D. C., a corporation
- Cited By
- 1 case
- Status
- Published