St. Paul Fire & Marine Ins. Co. v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa, Am. Home Assurance Co., New Hampshire Ins. Co.
St. Paul Fire & Marine Ins. Co. v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa, Am. Home Assurance Co., New Hampshire Ins. Co.
Opinion
In this battle between primary and excess liability insurance companies, American Guarantee & Liability Insurance Co. (AGLIC) appeals the district court's grant of summary judgment to American International Group, Inc. subsidiaries National *1267 Union Fire Insurance Co., American Home Assurance Co., and New Hampshire Insurance Co. (collectively, "AIG"). AGLIC claims that AIG, acting as a primary insurer, improperly allocated settlement payments between two insurance policies on behalf of their mutual insured, Imperial Sugar Co. As a consequence, AGLIC contends that AIG breached its duty to Imperial by prematurely subjecting it to excess liability. As Imperial's excess insurer, AGLIC seeks to pursue Imperial's breach-of-duty claim against AIG utilizing the doctrine of equitable subrogation.
When the case reached this Court, we asked the parties for supplemental briefing on subject matter jurisdiction. In examining diversity jurisdiction, the district court is not bound by the formal alignment of the parties provided in the pleadings. Rather, the court must align the parties according to their true interests in the litigation.
City of Indianapolis v. Chase Nat'l Bank
,
I.
This dispute arose out of several catastrophic explosions at an Imperial Sugar Co. refinery in Port Wentworth, Georgia, which killed 14 and wounded 36 workers. The workers and their families responded by filing tort and workers' compensation claims against Imperial. The claims were handled by AIG, which provided Imperial with a $26 million general liability insurance policy ("AIG GL") and an unlimited workers' compensation insurance policy ("AIG WC"). As its defense strategy, AIG sought to arrange global settlements of the tort and workers' compensation claims. Ultimately, AIG settled 41 of the 67 claims against Imperial for roughly $28.5 million-far less than Imperial's expected liability. However, AIG GL paid 90 percent of the global settlements (approximately $25.5 million), while AIG WC paid only 10 percent (approximately $3 million).
According to Imperial's excess insurers, St. Paul Fire & Marine Insurance Co. and AGLIC, because AIG GL was capped while AIG WC was unlimited, AIG WC should have enlarged its contributions to the settlements in order to maximize the protections afforded by AIG GL. St. Paul and AGLIC contended that AIG prematurely exhausted AIG's general liability insurance policy through its lopsided settlement allocations, thereby breaching its duty to Imperial by exposing it to undue excess liability. As Imperial's excess insurers, St. Paul and AGLIC bore the burden of AIG's alleged breach, and sought to assert Imperial's cause of action through equitable subrogation.
Thus, in January 2013, St. Paul sued AGLIC and AIG subsidiaries National Union Fire Insurance Co., American Home Assurance Co., and New Hampshire Insurance Co. in the United States District Court for the Northern District of Georgia. St. Paul sought a declaration that AIG improperly exhausted its general liability policy, entitling St. Paul to recoupment of settlement and defense expenditures incurred under its excess policy. In its complaint, St. Paul arranged the parties' citizenships this way:
*1268Plaintiff Defendant St. Paul (MN, CT) National Union (PA, NY) American Home (NY) New Hampshire (PA, NY) AGLIC (NY, IL)
In February 2013, AGLIC filed an answer admitting essentially all of the allegations in St. Paul's complaint. AGLIC's answer included a cross-claim against AIG leveling the same allegations and requesting the same relief that St. Paul had sought. AGLIC claimed the district court had supplemental jurisdiction over its cross-claim under
After more than two years of discovery, AIG moved for summary judgment, alleging an absence of evidence to support St. Paul and AGLIC's claims. The district court entered summary judgment for AIG, and St. Paul and AGLIC appealed. In June 2016, St. Paul moved to voluntarily dismiss its appeal with prejudice. The Court granted the motion, leaving AGLIC as the sole appellant against AIG. Order of Dismissal, July 16, 2016 (ECF No. 34).
In October 2017, we directed the parties to file supplemental briefs addressing this Court's power to entertain the appeal. According to the parties, we retained supplemental jurisdiction over the appeal pursuant to
The parties claim that, since their citizenships were completely diverse and the amount in controversy exceeded $75,000 at the time of filing, St. Paul's original complaint conferred diversity jurisdiction on the district court pursuant to
*1269 II.
"We review questions of subject matter jurisdiction
de novo
."
Belleri v. United States
,
It is now fully accepted as a jurisdictional principle that, under the "realignment doctrine," "federal courts are required to realign the parties in an action to reflect their interests in the litigation. The parties themselves cannot confer diversity jurisdiction upon the federal courts by their own designation of plaintiffs and defendants."
City of Vestavia Hills v. Gen. Fid. Ins. Co.
,
In
City of Indianapolis v. Chase National Bank
,
When the case reached the Supreme Court, it framed the "primary and controlling matter in dispute" as being whether the lease initially conveyed by Indianapolis Gas to Citizens Gas was valid and binding on the City.
Id
. at 72,
*1270
Id
. at 74-75,
The former Fifth Circuit, in binding precedent, applied
City of Indianapolis
's realignment doctrine in
Indemnity Insurance Co. of North America v. First National Bank at Winter Park
,
The former Fifth Circuit observed, "Since the question is one of jurisdiction it is our duty, as well as the duty of the district court, to notice the jurisdictional question and determine whether there is an actual, substantial controversy between citizens of different states, all of whom on one side are citizens of different states from all parties on the other side."
Id
."Whether there is such a controversy is to be ascertained from the principal purpose of the suit and the primary and controlling matter in dispute."
Id
. (citing
City of Indianapolis
,
A panel of this Court revisited the realignment doctrine in
City of Vestavia Hills v. General Fidelity Insurance Co.
,
On appeal, we affirmed the district court's realignment, noting, "[I]t is clear that Vestavia Hills did not seek any relief from Cameron [Development]," and that, because "the only thing that Cameron [Development] could want out of this case is for Vestavia Hills to win ... the two parties' interests are identical or at least materially so." Id . at 1314. As a result, the district court properly exercised diversity jurisdiction over the case because the operation of the realignment doctrine rendered the parties completely diverse. Id . at 1314 ("Where the parties' interests are the same, we have held that those parties must be aligned together and have reversed a district court's failure to do so, even where the parties' interests were in opposition outside of the issues raised in the subject action."); see also Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 3607 (3d ed.) ("The generally accepted test for the proper alignment of parties employed by the federal courts is whether the parties with the same ultimate interests in the outcome of the action are on the same side of the litigation.") (quotations omitted).
Application of the realignment doctrine deprives this Court and the district court as well of diversity jurisdiction over the case. It is indisputable that the primary and controlling matter at issue here was whether AIG unlawfully exposed Imperial to excess liability by prematurely depleting its primary and umbrella policies. Although St. Paul had named AGLIC as a party defendant in its original complaint, St. Paul and AGLIC had no "collision of interest" in this case.
See
City of Indianapolis
,
In its answer, AGLIC admitted virtually all of the allegations advanced by St. Paul. Moreover, throughout the proceedings, beginning with AGLIC's cross-claim, St. Paul and AGLIC asserted identical claims against AIG and requested the same relief. Indeed, St. Paul's complaint and AGLIC's cross-claim contained identical language as to the claims presented and the relief sought. Both parties contended that their excess policies "provide[ ] that [they do] not respond until proper exhaustion of the 'Immediate Underlying Insurance' and 'other insurance,' which includes, but is not necessarily limited to, the limits of the [AIG] Primary and Umbrella Policies." Likewise, both parties "respectfully request[ed] that [the district court] ... issue a judgment which ... declares whether the [AIG] Primary CGL and Umbrella Policies have been properly impaired and/or exhausted; ... and, if not, directs [AIG] to pay [St. Paul and AGLIC] [ ] all amounts paid by [St. Paul and AGLIC] in settlements and defense costs in excess of [their] obligations under [their] Excess Polic[ies], with applicable interest." St. Paul and AGLIC thus employed identical language to press the same claims against AIG and seek the same relief.
Moreover, "it is clear [St. Paul] did not seek any relief from [AGLIC]," and "the only thing that [AGLIC] could [have] want[ed] out of this case [wa]s for [St. Paul] to win."
City of Vestavia Hills
,
Realignment of AGLIC as a party plaintiff would have destroyed diversity, since AGLIC, National Union, American Home, and New Hampshire were all New York citizens at the time of filing. Because the district court could not exercise diversity jurisdiction over St. Paul's complaint, it follows that it lacked supplemental jurisdiction over AGLIC's cross-claim.
Exxon Mobil Corp. v. Allapattah Servs., Inc.
,
Accordingly, the judgment of the district court must be vacated, and the case remanded with instructions to dismiss for lack of subject matter jurisdiction.
VACATED AND REMANDED WITH INSTRUCTIONS TO DISMISS
In
Bonner v. City of Prichard
,
Reference
- Full Case Name
- ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff-Counter Defendant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, American Home Assurance Company, New Hampshire Insurance Company, Defendants-Cross Defendants-Cross Claimants-Counter Claimants-Appellees, American Guarantee & Liability Insurance Company, Defendant-Cross Claimant-Counter Defendant-Cross Defendant-Appellant.
- Cited By
- 6 cases
- Status
- Published