Pella Corp. v. Liberty Mutual Insurance Co.
Pella Corp. v. Liberty Mutual Insurance Co.
Opinion of the Court
ORDER
This matter comes before the court on a motion for partial summary judgment filed by Plaintiffs Pella Corporation, Pella Windows and Doors of Ontario Corporation, and Pella Windows and Doors, Inc. (collectively, Pella). Defendant Liberty Mutual Insurance Company (Liberty) resists. A hearing on the Motion was held on February 15, 2017. Attorneys Keith McKenna, Marc Ladd, and Richard Lozier were present on behalf of Pella, and attorneys Charles Browning, Jeffrey Gerish, and Bob Waterman were present on behalf of Liberty. The matter is fully submitted and ready for disposition.
I. BACKGROUND
A, Overview
Pella purchased annual liability insurance policies from Liberty covering the years between 2000 and 2008. These insurance policies fell under two categories. Comprehensive general liability policies (CGL Policies) insured Pella for certain damages and costs, including defense costs, subject to deductibles called self-insured retentions (SIRs). “Aggregate SIR Policies,” also referred to as “Excess Indemnity Policies,” offered coverage for payment of SIRs under each of the GCL Policies, subject to a separate deductible called “Insured’s Retentions.”
The CGL Policies cover damages and defense costs in excess of an SIR where there is “personal injury” or “property damage” caused by an “occurrence” during the policy period (as defined in the CGL Policies). Pella App. 595, ECF No. 173-1. An “occurrence” is defined as “an accident, including continuous or repeated exposure to substantially the same general harmful conditions.” Pella App. 613. Where several “occurrences” are triggered under the same CGL Policy, Pella is subject to the policy’s SIR with respect to each occurrence, and this application of the SIR may trigger coverage under the Aggregate SIR Policies.
In the present action, Pella seeks reimbursement of certain expenses incurred in defending against and resolving (by settlement or damage awards) various claims against Pella. Because there are many disputed underlying lawsuits against Pella, the litigation focuses on fifteen of the highest value claims (the Sample Claims). The Sample Claims generally alleged that Pel-la’s windows were defectively designed, manufactured, or installed, and allowed water intrusion to buildings that resulted in third-party property damage or personal injury.
The parties have made a number of summary judgment motions bearing on disputed issues in this litigation, a few of which this Court has already resolved. This Court has held that the Sample Claims alleged property damage caused by an occurrence and thus triggered Liberty’s defense coverage obligation under the CGL Policies. ECF No. 222; see also Pella Corp. v. Liberty Mut. Ins. Co., No. 4:11-cv-000473-JEG, 221 F.Supp.3d 1107, 1131,
Separately, this Court, addressing motions filed by both parties, has also held that the pro rata method of allocation applies to the CGL Policies where one occurrence causes damage that triggers multiple policy periods. ECF No. 228. Also pending before the Court is a motion by Pella for a declaration that costs incurred for settlements and judgments in connection with the Sample Claims are covered under the CGL Policies, ECF No. 170, and a motion by Liberty to dismiss claims by Pella relating to Aggregate SIR Policies from 2002-2008, ECF No. 117.
The Motion addressed in this Order raises the question of how many occurrences the Sample Claims present. Pella, in its Motion for Summary Judgment on the Number of Occurrences at Issue in the Sample Claims, ECF No. 171, seeks a declaration that each of the fifteen Sample Claims presents one “occurrence” as that term is defined in the CGL Policies. Pella also argues that even if the Sample Claims do not present separate occurrences as a matter of law, summary judgment is nevertheless appropriate on estoppel grounds because Liberty treated each Sample Claim as a separate occurrence when processing them. Liberty resists the Motion, arguing that the Sample Claims set forth either three or four occurrences at most, and also that summary judgment is improper because Pella should be estopped from arguing that the Sample Claims present separate occurrences after taking a contrary position in prior litigation before this Court.
B. The Sample Claims
The basic facts regarding the underlying Sample Claims have been summarized in this Court’s prior order dated November 1, 2016. ECF No. 222; see also Pella Corp., 221 F.Supp.3d at 1110-14, 2016 WL 6514171, at *2-5. This Motion implicates additional facts in the record on summary judgment, including the allegations made by the various plaintiffs in the Sample Claims and facts observed by Pella or other experts in its investigations of the claims.
The Diamantis Claim.
The Eakins Claim.
The G.T. Leach Claim.
The Kaslly Claim.
The Leal Claim.
The London Bay Claim.
The Marseilles Claim.
The Morse Claim.
The Padovano Claim.
The Palmetto Claim.
The Pappas Claim.
The Parkloft Claim.
The South Beach Claim.
C. The Parties’ Prior Conduct and Arguments
As noted above, Pella tendered each of the Sample Claims to Liberty at various times between 2003 and 2010. These tender letters identified the claimants and other insurers when relevant. Liberty’s claims notes for the various Sample Claims show extensive correspondence between Liberty and its subsidiary
Pella and Liberty were also previously engaged in litigation before this Court (the Prior Coverage Action) regarding whether Liberty owed Pella coverage for two class action lawsuits against Pella. Liberty Mut. Ins. Co. v. Pella Corp., 4:07-cv-00508-JEG-TJS (S.D. Iowa); see also Pella Corp., 221 F.Supp.3d at 1110-11, 2016 WL 6514171, at *2 (summarizing the Prior Coverage Action). The Prior Coverage Action involved two underlying lawsuits: the Pappas Claim, at issue in the present case as well, and another class action not at issue in this case (the Saltzman Claim). The Pappas Claim involved Architect Series windows, and the Saltzman Claim involved Architect Series, Designer Series, and ProLine Series windows, all of which allegedly contained the same “latent defect.” Pella .argued that the Pappas Claim and the Saltzman Claim together alleged one single occurrence. Pella argued that the proper question was whether each underlying lawsuit alleged damages arising from a common defect in the Pella products at issue. Pella claimed that the Pap-
II. DISCUSSION
The 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 of law.” Fed. R. Civ. P. 56. “The movant ‘bears the initial responsibility of informing the district court of the basis for its motion,’ and must identify ‘those portions of [the record] ... which it believes demonstrate the absence of a genuine issue of material fact.’ ” Torgerson v. City of Rochester, 643 F.3d 1031, 1042 (8th Cir. 2011) (en banc) (alterations in original) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). If the movant makes such a showing, to avoid summary judgment the non-movant must “set out ‘specific facts showing that there is a genuine issue for trial.’ ” Id. (quoting Celotex, 477 U.S. at 324, 106 S.Ct. 2548). A genuine issue for trial requires more than “some metaphysical doubt as to the material facts.” Id (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)).
A. Whether Each Sample Claim Constitutes a Separate Occurrence
As with the other motions in this case, Iowa law governs this diversity action. “In interpreting state law, [federal courts] are bound by the decisions of the state’s highest court.” Allstate Indem. Co. v. Rice, 755 F.3d 621, 623 (8th Cir. 2014) (citation omitted). Iowa’s general “rules governing the construction and interpretation of insurance policies are well-settled.” Amish Connection, Inc. v. State Farm Fire & Cas. Co., 861 N.W.2d 230, 236 (Iowa 2015). The cardinal rule is that the “intent of the parties at the time the policy was sold must control.” Id. (quoting Lemars Mut. Ins. Co. v. Joffer, 574 N.W.2d 303, 307 (Iowa 1998)).
Iowa courts distinguish between interpretation and construction of insurance policies. Boelman v. Grinnell Mut. Reinsurance Co., 826 N.W.2d 494, 501 (Iowa 2013), Interpretation involves giving meaning to the words of the policy. “Policy interpretation is always an issue for the court, unless [the court is] required to rely upon extrinsic evidence or choose between reasonable inferences from extrinsic evidence.” Id Iowa' courts give undefined words in an insurance policy their ordinary meaning. “The plain meaning of the insur-
Construction of an insurance policy involves giving legal effect to the contract, which is always a matter of law for the court. Id. at 501. Courts are to determine the intent of the parties by “looking at what the policy itself says.” Id. Of signal importance herein, when read as a whole, a policy is ambiguous if the language is “susceptible to. two reasonable interpretations.” Id. However, a policy is not ambiguous simply because the parties disagree on its meaning or it could have been worded more precisely. Amish Connection, 861 N.W.2d at 236. “If the policy is ambiguous, [Iowa courts] adopt the construction most favorable to the insured,” because insurance policies are adhesion contracts. Boelman, 826 N.W.2d at 502.
There is little, if any Iowa case law regarding how to ascertain the number of occurrences alleged within or among underlying lawsuits. See Liberty Mut., 631 F.Supp.2d at 1135. “The majority of courts, however, appear to answer this question based on the ‘underlying cause’ of the property damage alleged.” Id. (quoting Chemstar, Inc, v. Liberty Mut. Ins. Co., 797 F.Supp. 1541, 1546 (C.D. Cal. 1992)); see also U.E. Tex. One-Barrington, Ltd. v. Gen. Star Indem. Co., 332 F.3d 274, 277 (5th Cir. 2003) (“Under Texas law, ‘the proper focus in interpreting ‘occurrence’ is on the events that cause the injuries and give rise to the insured’s liability, rather than on the number of injurious effects.’ ” (quoting Ran-Nan Inc. v. Gen. Accident Ins. Co., 252 F.3d 738, 740 (5th Cir. 2001) (per curiam))); Mich. Chem. Corp. v. Am. Home Assur. Co., 728 F.2d 374, 379 (6th Cir. 1984) (“[T]he number of occurrences for purposes of applying coverage limitations is determined by referring to the cause or causes of the damage and not to the .number of injuries or claims.”); Owens-Ill., Inc. v. Aetna Cas. & Sur. Co., 597 F.Supp. 1515, 1527 (D.D.C. 1984) (“[T]he policies’ definition of occurrence and unifying definitional provisions focus on the cause of injury. Therefore, the Court’s inquiry is whether there was one proximate, uninterrupted and continuing cause which resulted in all of the injuries and damage.”); Nicor, Inc. v. Assoc. Elec. & Gas Ins. Servs. Ltd., 223 Ill.2d 407, 307 Ill.Dec. 626, 860 N.E.2d 280, 287-88 (2006), (“Under the cause theory ... the number of occurrences is determined by referring to the cause or causes of the. damages.... [T]he cause theory represents the law of Illinois.”).
The parties agree that the Court should determine the number of occurrences with reference to the underlying cause(s) of covered property damage but disagree regarding the level of generality at which that concept should be applied. Pella argues that each Sample Claim should be considered to allege one 'occurrence as a matter of law because each Sample Claim presents unique underlying circumstances. For example, Pella distinguishes between claims based on defective center pivoting designs, leaks in window cranks and latches, defective sealant, and improper installation of windows — all alleged in different Sample Claims. According to Pella, these are all separate and distinct causes of different injuries and damage and thus each Sample Claim constitutes its own occurrence.
Liberty argues that the Court should view the concept of the underlying cause at
The Court begins its analysis with the language of the policies. As stated above, the definition of “occurrence” reads: “ ‘Occurrence’ means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.” Pella App. 613. Pella does not argue that this text provides any guidance regarding the level of generality that defines the parameters of an occurrence. Liberty argues that the “substantially the same general harmful conditions” language dictates that the scope of “occurrence” be understood to be broad, such that various instances of damage-causing water intrusion in different times and places constitute “substantially the same general harmful conditions.” But the “substantially the same general harmful conditions” language within the definition of “occurrence” highlighted by Liberty primarily serves a different function. This language merely communicates the notion that accidents based on the .accretion of small exposures to damage-causing conditions (that remain generally the same over time) can constitute an occurrence, even if the individual exposures may not, in isolation, suffice to cause the damage covered-by the policy. Unintended water intrusion through a window, over a period of time but in a single location, provides a good example of this type of occurrence. This- language thus clarifies that the CGL Policies do not consider each individual instance of water intrusion (ie., each time a window leaks during rainfall) to be separate occurrences. This language does not address whether unintended water intrusion in different places, happening at different times, and caused by defects in different products constitutes a single occurrence just because the damage-causing instances are of the same type or can be described in the same manner.
Although Pella and Liberty, each argue that their interpretations are the correct ones, the Court is ultimately compelled to find that the CGL Policies are ambiguous in this respect, meaning that the Policies are subject to multiple reasonable interpretations when interpreting the Policies as a whole. See Boelman, 826 N.W.2d at 501. While Liberty’s preferred approach lacks clear support in the language of the policies, the “30,000-foot” view of an occurrence — whereby accidents, of the same general type arising in different settings are considered a single occurrence — is also not clearly foreclosed by the text of the CGL Policies. This* approach has support in the caselaw,. albeit involving different facts. In Liberty Mutual Insurance Co. v. Treesdale, Inc., 418 F.3d 330, 337-39 (3d
Meanwhile, courts have also found multiple occurrences where damage caused by the same type of accident happened for different reasons. In American Red Cross v. Travelers Indemnity Co. of Rhode Island, 816 F.Supp. 755, 761 (D.D.C. 1993), multiple instances of a damage-causing accident — distribution of HIV-contaminated blood — constituted multiple occurrences because the accidents happened for a number of different reasons. Similarly, in Ni-cor, claims arising from 195 mercury spills that “had no common cause” presented 195 separate occurrences. Nicor, 307 Ill.Dec. 626, 860 N.E.2d at 295-96. As in these cases, the Sample Claims allege property damage not arising from the “same latent defect” as in the Prior Coverage Actions, but from varying circumstances. To the extent Pella’s theory is flawed it is not because, as Liberty argues, Pella.fails to present the “underlying causes” of the Sample Claims at a sufficiently high level of generality, but instead because each of the Sample Claims themselves arguably present numerous causes of water intrusion, which would suggest that a single Sample Claim might involve more than one occurrence. As the allegations recited above show, many of the Sample Claims involve numerous Pella products and varied theories of damage.
Nevertheless, Pella’s position, like Liberty’s, is reasonable. While some Sample Claims themselves might involve multiple products, which could theoretically have caused water damage in different ways, there is little to no indication that subdividing any individual Sample Claim into multiple occurrences accords with the intent of the parties to the CGL Policies. That neither party here argues that any individual Sample Claim presents more than one occurrence is persuasive evidence that the intent of the parties was not to define the unit of an “occurrence” so narrowly. See Amish Connection, 861 N.W.2d at 236 (“The cardinal principle ... is that the intent of the parties at the time the policy was sold must control.” (quoting Le Mars Mut., 574 N.W.2d at 307)). Because both parties proffer reasonable interpretations of the CGL Policies regarding the proper scope of an “occurrence,” this Court is compelled to adopt Pella’s con
B. Estoppel
Because the Court adopts Pella’s construction of the CGL Policies that each Sample Claim presents a separate occurrence, this Court need not address Pella’s argument that Liberty should be estopped from arguing otherwise based on statements made when processing the claims. Liberty, however, argues that Pella should be judicially estopped from advocating its position based on the position Pella took during the Prior Coverage Action.
Judicial estoppel is a “ ‘commonsense doctrine’ that ‘prohibits a party who has successfully and unequivocally asserted a position in one proceeding from asserting an inconsistent position in a subsequent proceeding.’ ” Tyson Foods, Inc. v. Hedlund, 740 N.W.2d 192, 196 (Iowa 2007) (quoting Vennerberg Farms, Inc. v. IGF Ins. Co., 405 N.W.2d 810, 814 (Iowa 1987)). “The doctrine is designed to protect the integrity of the judicial process by preventing intentional inconsistency. It addresses the incongruity of allowing a party to assert a position in one tribunal and the opposite in another, thereby creating the perception that at least one court has been misled.” Vennerberg Farms, 405 N.W.2d at 814.
Pella’s argument on this Motion is not actually inconsistent with its argument in the Prior Coverage Action because the underlying facts are different. Pella previously argued that the Pappas Claim and the Saltzman Claim arose from the same occurrence because both claims alleged the same single underlying defect as the cause of the alleged damage. Liberty Mut. App. to Opp. Br. 34, ECF No. 179-2 (“The Underlying Lawsuits allege damages arising out of a common defect in Pella aluminum clad windows, ie., that these windows all have a defect that allows water to penetrate the aluminum cladding and cause damage .... The Saltzman plaintiffs specifically allege that all three series contain the same latent defect.... The Pappas Lawsuit alleges damages resulting from a common design and manufacturing defect.”). The Saltzman Claim is not at issue in this Motion, and Pella continues to argue that the Pappas Claim states one occurrence. Pella made no arguments in the Prior Coverage Action about whether the Pappas Claim and, for example, the 464 Prospect Claim constitute one occurrence or more than one. Accordingly, the Court finds that judicial estoppel presents no bar to Pella’s current argument.
III. CONCLUSION
Based on the foregoing, Pella’s Motion for Partial Summary Judgment, ECF No. 171, must be granted.
IT IS SO ORDERED.
. The facts here are either materially undisputed or, if genuinely disputed, viewed in the light most favorable to the nonmoving party. See Torgerson v. City of Rochester, 643 F.3d 1031, 1042 (8th Cir. 2011).
. As noted in the prior Order, the Court reached this same result under applicable Iowa law in addition to following Decker Plastics. Pella Corp., 221 F.Supp.3d at 1125 n.8, 2016 WL 6514171 at *14 n.8.
. 464 Prospect—La Jolla Homeowners Ass'n v. DTC-RECP OPCO, LLC, Case No. GIC842100 (Cal. Super. Ct., San Diego Cty.) (the 464 Prospect Claim).
. Diamantis v. Pella Corp., No. CV-08-900963-GWN (Ala. Cir. Ct., Madison Cty.) (the Diamantis Claim).
. Eakins v. Pella Corp., No. 05-5CVS-5CV-4696 (N.C. Super. Ct. Div., New Hanover Cty.) (the Eakins Claim); (7:05-CV-224-B)(2).
. G.T. Leach Constr., Inc. v. Pella Corp., No. 2009-11158 (Tex. Dist. Ct., Harris Cty., 334 Jud. Dist.) (the G.T. Leach Claim).
. Kaslly Family Revocable Tr. v. Distinctive Gen. Contracting Inc., No. A507598 (Nev. Dist. Ct., Clark Cty.) (the Kaslly Claim).
. Leal v. Am. Nat’l Lloyd's Ins. Co., No. CL-38, 608-A (Tex. Cty. Ct., Hidalgo Cty.) (the Leal Claim).
. London Bay Constr., Inc. v. Pella Windows & Doors of Fla., Inc., No. 06-1048-CA (Fla. Cir. Ct., Collier Cty.) (the London Bay Claim).
. Marseilles Homeowners Condo. Ass'n v. Broadmoor, LLC, No. 2003-728 (La. Civ. Dist. Ct., Parish of Orleans) (the Marseilles Claim).
. Morse v. Sec. Equip., Inc., No. CI08-461 (Neb. Dist. Ct., Platte Cty.) (the Morse Claim).
. Newland Cmtys. Texas L.P. v. Flynn Constr., Inc., No. GN 401840 (Tex. Dist. Ct., Travis Cty.) (the Newland Claim).
. Padovano v. Desai Chia, Inc., No. 10217/04 (N.Y. Sup. Ct., Richmond Cty.) (the Padovano Claim).
. Palmetto Elec. Coop., Inc. v. LS3P Assocs. Ltd., No. 07-CP-27-020 (S.C. Ct. of Common Pleas, Jasper Cty.) (the Palmetto Claim).
. Pappas v. Pella Corp., No. 02-L-14558 (Ill. Cir. Ct., Cook Cty.) (the Pappas Claim).
. Parkloft Condo. Owners Ass’n v. Parkloft, LLC, No, 88097 (Cal. Super. Ct., San Diego Cty.) (the Parkloft Claim).
. S. Beach Club Horizontal Prop. Regime v. Assoc. Constr. Consultants, Inc., No. 2004-CP-07-1872 (S.C. Ct. Common Pleas, Beaufort Cty.) (the South Beach Claim).
. Pella engaged Helmsman Management Services LLC, a company owned by Liberty, for claims handling services.
. The Eighth Circuit’s opinion does not reach the question of the number of occurrences presented by the Pappas and Saltzman Claims. Rather, the Eighth Circuit held that the Pappas and Saltzman Claims did not allege property damage caused by an occurrence because they only alleged that Pella intentionally engaged in wrongful conduct. Liberty Mut., 650 F.3d at 1176. The Pappas ~ Claim is at issue in this case only with regard to defense costs incurred during the period in which the Pappas plaintiffs alleged unintentional and negligent conduct. Pella Corp., 221 F.Supp.3d at 1116-18, 2016 WL 6514171, at *7-8.
Reference
- Full Case Name
- PELLA CORPORATION, Pella Windows and Doors, Inc, and Pella Windows and Doors of Ontario Corp. v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant Liberty Mutual Insurance Company, Third-Party v. Pella Corporation and Pella Windows and Doors of Ontario Corp., Third-Party
- Status
- Published