American Home Assurance Co. v. Evans
Opinion of the Court
This declaratory judgment action, seeking a jury trial on disputed factual issues as well as a determination of legal issues, arises from a prior state court action against a lawyer, William S. Evans, alleging malpractice and dishonest conduct of a client’s affairs. Because we find that declaratory judgment was improvidently granted, we dismiss.
Shortly before the state malpractice trial was to begin, Evans’ insurer, American Home Assurance, filed the instant declaratory judgment action, seeking a declaration that Evans’ conduct, the same conduct under litigation in state court, fell within the policy’s “dishonesty” exclusion to coverage.
The complaint in the state action was filed on July 1, 1981. At that time American Home took the position, based on the allegations in the complaint, that there was no coverage and hence refused to defend. In February of 1982, however, the complaint was amended to include allegations of negligence. American Home then notified Evans’ personal counsel that it had hired a firm to conduct the defense, subject to a reservation of American Home’s right to withdraw at a later date should it determine that there was no coverage. After receiving this information Evans’ personal counsel obtained an eight-month adjournment of the trial date until November 8, 1982. The counsel provided by American Home then took over Evans’ state court defense.
In October of 1982, shortly before the state court trial was to commence, American Home filed this declaratory judgment action in federal court rather than the state court and petitioned the state court to have the malpractice action stayed pending a determination of the coverage issue. That motion was denied and the state court action commenced, producing a judgment for the plaintiff in the amount of $698,981.00 plus interest.
After the state court judgment was entered this case came before the District Court on motions for partial summary judgment as to American Home’s right to invoke the dishonesty exclusion and pecuniary limits of the policy, and as to the calculation of interest, costs, etc. Judge Joiner granted some of these motions and denied others, 589 F.Supp. 1276, declaring American Home to be liable in part for indemnity and declaring damages to be $800,000 plus applicable interest and costs, for a total of $423,164. Because we believe this case to be an inappropriate one for declaratory judgment
In Grand Trunk the defendant in an Illinois state court action filed a declaratory judgment action seeking a declaration against a codefendant that the codefendant must defend and indemnify Grand Trunk under an indemnification agreement. Although the District Court gave a ruling on the issue, we reviewed de novo the question of suitability for declaratory relief. We declined and dismissed because we saw the case as an effort to play off the state and federal courts against each other and as a race for res judicata. The same is true in this case. This case is even more suitable for declining jurisdiction than Grand Trunk. Here complicated factual issues are raised on which the parties seek a jury trial, as well as a legal issue regarding the construction of the indemnification contract and an issue regarding Michigan law governing conflict of interest by insurance lawyers representing insureds under a reservation of rights.
This case is governed by our reasoning in Grand Trunk. Because of the multiple complex disputed factual issues in the case (for example, the questions of whether an actual conflict of interest existed as to the counsel hired for Evans by American Home and whether the jury verdict in the lengthy state trial was based on intentional wrongdoing rather than negligence), we think it unlikely that declaratory judgment would serve a useful purpose in clarifying the legal issues involved. And because the ordinary procedure for determining such questions is an action in indemnity for recovery of the policy proceeds,
. Although there is some ambiguous language in Judge Joiner’s opinion which might be read as an entry of a money judgment susceptible to levy, such a reading would make no sense in light of the case as a whole. Furthermore, the parties have consistently treated this as a pure
. The Act provides that except in certain cases a federal court "may declare the rights and other legal relations of any interested party.” Id.
. An action of this sort would apparently still be necessary even after a grant of declaratory judgment if the insurance company refuses to indemnify its insured or his assignee.
Reference
- Full Case Name
- AMERICAN HOME ASSURANCE COMPANY, Cross-Appellee v. William S. EVANS Katherine D. Evans, and NBD Ann Arbor, National Assoc. as Independent Personal Representative of the Estate of Dr. Charles Merle Dixon
- Cited By
- 44 cases
- Status
- Published