Penn Mut. Life Ins. Co. v. Wells Fargo Bank, N.A.
Penn Mut. Life Ins. Co. v. Wells Fargo Bank, N.A.
Opinion of the Court
Plaintiff Penn Mutual Life Insurance Company filed this declaratory judgment action, seeking a determination that the life insurance policy it issued on the life of a Florida resident is void ab initio . Wells Fargo moves to dismiss the complaint, arguing *477that the Court should decline jurisdiction pursuant to the Declaratory Judgment Act ("DJA")
I. BACKGROUND
Penn Mutual seeks a declaration regarding the validity of the $3 million life insurance policy ("the Policy") it issued on the life of Sylvia Criden-Roebuck, a Florida resident. When the policy was issued in 2007, the original owner was the Sylvia Criden-Roebuck 2007 Insurance Trust. Shortly after the policy was issued and in force, Ms. Criden-Roebuck and the Family Trust that she formed sold the beneficial interest in the Insurance Trust that owned the Life Insurance Policy to the GIII Accumulation Trust.
Instead of formally denying the claim, Penn Mutual filed this declaratory judgment action on January 5, 2018. First, Penn Mutual requests a declaratory judgment that the Policy is void ab initio as "an illegal wagering contract" under Delaware law.
On February 28, 2018, Wells Fargo filed an action in Florida state court against Penn Mutual, Arthur Criden as the personal representative of the Criden-Roebuck estate, and Penn Mutual's Florida-based agent, Larry Schweiger. Wells Fargo asserts a claim for breach of contract against Penn Mutual for its failure to pay the death benefits as required under the policy.
II. DISCUSSION
Wells Fargo argues that the Court should decline to exercise jurisdiction *478pursuant to the DJA, which "authorizes district courts to 'declare the rights and other legal relations of any interested party seeking such declaration' "
In Reifer v. Westport Insurance Co. ,
After determining whether there is a parallel state court proceeding, courts consider the following Reifer factors, to the extent they are relevant:
(1) the likelihood that a federal court declaration will resolve the uncertainty of obligation which gave rise to the controversy;
(2) the convenience of the parties;
(3) the public interest in settlement of the uncertainty of obligation;
(4) the availability and relative convenience of other remedies;
(5) a general policy of restraint when the same issues are pending in a state court;
(6) avoidance of duplicative litigation;
(7) prevention of the use of the declaratory action as a method of procedural fencing or as a means to provide another forum in a race for res judicata; and
(8) (in the insurance context), an inherent conflict of interest between an insurer's duty to defend in a state court and its attempt to characterize that suit in federal court as falling within the scope of a policy exclusion.21
The Court analyzes Wells Fargo's motion to dismiss within this framework.
A. The Existence of a State Parallel Proceeding
The parties dispute whether the Florida action should be considered a parallel proceeding *479to this federal case. Penn Mutual and Wells Fargo are parties in both actions. In this federal declaratory judgment action, Penn Mutual named only Wells Fargo and Arthur Criden.
Penn Mutual contends that the Florida court cannot exercise personal jurisdiction over it and thus there is no parallel state court action for purposes of abstention. Therefore, as a threshold matter, this Court must determine whether the Florida court has personal jurisdiction over Penn Mutual for Wells Fargo's breach of contract claim.
For a Florida court to exercise personal jurisdiction over a nonresident defendant, the defendant must be subject to personal jurisdiction under Florida's long-arm statute; and the defendant must have sufficient minimum contacts with the state to satisfy due process
1. Minimum Contacts
The minimum contacts requirement is satisfied where: (1) the plaintiff's claims "arise out of or relate to" defendant's contacts with the forum state; (2) the nonresident defendant "purposefully availed" itself of the privilege of conducting activities within the forum state; and (3) the defendant's contacts within the forum state are "such that it should reasonably anticipate being haled into court there."
Sufficient minimum contacts exist to justify haling Penn Mutual into a Florida court. First, Wells Fargo's breach of contract claim arises out of Penn Mutual's contacts with Florida. Wells Fargo alleges Penn Mutual breached a policy that Penn Mutual solicited through a Florida insurance agent, issued on the life of a Florida resident, and put into effect in Florida when Ms. Criden-Roebuck paid it the initial premium due on the Policy by a check drawn on her account in Florida. Therefore, Penn Mutual's activities in the state of Florida are connected directly to Wells Fargo's cause of action.
Penn Mutual contends that based on the Supreme Court's decision in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County ,
Penn Mutual purposefully availed itself of the Florida forum in such a way that it could reasonably foresee being haled into a Florida court; its contacts with the state can in no way be considered "random," "fortuitous," or "attenuated."
Finally, Penn Mutual argues that it is not subject to personal jurisdiction in Florida because Wells Fargo's claims against Penn Mutual arise from Penn Mutual's claim determination, which occurred in Pennsylvania. Under this reasoning, any claim against an insurance company could only be brought in the state where an insurance company reviewed the claim. Penn Mutual has cited no authority for the bold proposition that an insurer is not subject to personal jurisdiction in the state where the insured resides and the policy was issued and put into effect, and the Court declines to so hold.
2. Fair Play and Substantial Justice
Having determined that Penn Mutual has sufficient minimum contacts with Florida, the Court next considers whether the exercise of personal jurisdiction over Penn Mutual comports with "fair play and substantial justice,"
The exercise of personal jurisdiction over Penn Mutual in Florida comports with fair play and substantial justice. Penn Mutual has not shown that it would be burdened by having to litigate the case in Florida. Florida has a strong interest in adjudicating a case involving an insurance company licensed to do business in Florida and a policy that the company solicited through a Florida insurance agent, issued on the life of a Florida resident, and formed in Florida. Wells Fargo, the plaintiff in the Florida action, also has an interest in litigating the case in the Florida court, which can provide "convenient and effective relief" as it may exercise personal jurisdiction over all of the relevant parties.
The Florida court has personal jurisdiction over Penn Mutual for Wells Fargo's claims, and all matters in controversy between the parties in this case can be fully adjudicated in the state action.
B. The Reifer Factors
The Reifer factors favor dismissal in favor of the state-court proceeding.
The second factor is the convenience of the parties. Both Penn Mutual and Wells Fargo are large corporate entities that have not shown any hardship in litigating either in Florida or Pennsylvania. However, Schweiger and other witnesses are located in Florida, and the Court also concludes that convenience favors one comprehensive resolution of the issues, which can only occur in state court.
The third factor considers the public interest in settlement of the uncertainty of the obligation. Here, the Florida court has the greater interest in determining what law applies to a policy issued in *482Florida, on the life of a Florida resident, and whether the policy is valid under the law. Moreover, both parties acknowledge that the obligations at issue arise solely as a matter of contract and are governed by state law. Thus, the desire of Penn Mutual to obtain a declaration that the Policy was void ab initio "has no special call on the federal forum," and the third factor weighs against exercising jurisdiction.
The fourth factor is the availability and relative convenience of other remedies. As to this factor, Penn Mutual's other remedy would be to seek a declaration that the Policy is void ab initio in the Florida state court. Because Penn Mutual can pursue the same remedy in the parallel Florida action that it seeks here, the fourth Reifer factor weighs against exercising jurisdiction.
The fifth and sixth factors respectively consider the federal courts' general policy of restraint when the same issues are pending in a state court and the avoidance of duplicative litigation. As the Court has determined that the state action is a parallel proceeding, these factors weigh against exercising jurisdiction.
The seventh factor seeks to prevent the use of the declaratory judgment action as a method of procedural fencing, or as a means to provide another forum in a race for preclusive effect. Wells Fargo alleges that Penn Mutual engaged in procedural fencing by preemptively filing this federal declaratory judgment action before notifying Wells Fargo that its claim was being denied.
Considered together, the Reifer factors weigh against exercising jurisdiction over this case, and do not outweigh the strong presumption against exercising jurisdiction in light of the pending state action. Consequently, the Court will decline to exercise jurisdiction. An order will be entered.
Wells Fargo Bank, N.A. v. Penn Mut. Life Ins. Co. , No. CACE18004704 (Fla. 17th Cir. Ct. Feb. 28, 2018).
Compl. ¶ 44; see also Fla. Compl. ¶ 23 (Ex. A to Lander Decl.) [Doc. No. 23-2].
Compl. ¶ 28.
Fla. Compl. ¶¶ 41-48.
Esurance Ins. Co. v. Bowser ,
Auto-Owners Ins. Co. v. Stevens & Ricci Inc. ,
Reifer v. Westport Ins. Corp. ,
Esurance ,
Wilton ,
Brillhart v. Excess Ins. Co. of Am. ,
Reifer ,
Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Penn Mutual dismissed its claims against Defendant Arthur Criden without prejudice.
Venetian Salami Co. v. Parthenais ,
See
See Venetian Salami Co. ,
Sculptchair, Inc. v. Century Arts, Ltd. ,
--- U.S. ----,
Id. at 480.
Id. at 1779 (citing Walden v. Fiore ,
Burger King v. Rudzewicz ,
See Int'l Shoe ,
World-Wide Volkswagen Corp. ,
See
Reifer ,
Id. at 145 ("When state parallel proceedings do exist, district courts exercising jurisdiction should be rigorous in ensuring themselves that the existence of pending parallel state proceedings is outweighed by opposing factors.") (internal quotation marks and citation omitted).
See Sumner v. Tompkins Ins. Agencies, Inc. , No. 16-2218,
State Auto Ins. Cos. v. Summy ,
Def.'s Reply Br. in Supp. Mot. to Dismiss 10.
Summy ,
Reference
- Full Case Name
- PENN MUTUAL LIFE INSURANCE COMPANY v. WELLS FARGO BANK, N.A., as Securities Intermediary
- Status
- Published