Fidelity & Guaranty Insurance Underwriters, Inc. v. Rodriguez
Fidelity & Guaranty Insurance Underwriters, Inc. v. Rodriguez
Opinion of the Court
SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court be and it hereby is VACATED and the matter REMANDED for further proceedings.
This appeal is taken from the court’s entry of judgment based on the jury’s response to a special interrogatory after trial. Plaintiff-appellee Fidelity and Guaranty Insurance Underwriters, Inc. (“Fidelity”) filed suit seeking, inter alia, a determination that it had no duty to defend or indemnify defendants-cross-claimants-appellants Jasam Realty Corp. and Crotona Properties, Inc. (“Jasam” and “Crotona”) with respect to a lawsuit brought against Jasam and Crotona by Jose and Alice Rodriguez (“Rodriguez”). In the alternative, Fidelity sought indemnification by defendant-cross-defendant-appellee Surre, Goldberg & Henry Associates, Inc. (“Surre”), Jasam and Crotona’s insurance broker, which also served as agent for Fidelity in placing insurance. Jasam and Crotona cross-claimed for indemnification by Surre.
After trial, the jury answered a single question on a special verdict form. On the basis of that answer, the court granted judgment for Fidelity (that it had no duty to defend or indemnify) and for Surre (that it had no obligation to indemnify Jasam and Crotona).
Jasam, Crotona, and Rodriguez now appeal from that judgment, arguing principally that they were entitled to judgment as a matter of law against Fidelity and Surre, and that the district court abused its discretion in utilizing the special verdict question. After consideration of all arguments raised on appeal, we find that we must vacate the judgment and remand.
The court’s special verdict form asked the jury: “Did Jasam and Crotona advise Surre, Goldberg that they were building on the vacant land and wanted liability coverage for the construction on the property
We are left to guess as to what the jury found, and what further findings may have been made as a matter of law by the court. We therefore cannot review the propriety of the judgment, cf. Cutlass Prods., Inc. v. Bregman, 682 F.2d 323, 328-29 (2d Cir. 1982); Ajax Hardware Mfg. Corp. v. Indus. Plants Corp., 569 F.2d 181, 186-87 (2d Cir. 1977), and must vacate it.
. We note furthermore that the parties, in their arguments on appeal, advance numerous propositions that they did not adequately develop in the record of the trial. This is, of course, not a basis for overturning the judgment. We mention it to warn the parties that if they want to have their contentions addressed upon the retrial, and any appeal therefrom, they have a responsibility to put forth the evidence upon which their contentions depend.
Reference
- Full Case Name
- FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., Surre, Goldberg & Henry Associates, Inc., Defendant-Cross-Defendant-Appellee v. Jose RODRIGUEZ and Alice Rodriguez, Jasam Realty Corp. and Crotona Properties, Inc., Defendants-Cross-Claimants-Appellants
- Cited By
- 3 cases
- Status
- Published