United States v. Aetna Casualty & Surety Co.
Opinion of the Court
OPINION
These cases, here on certiorari, present this important question under the Federal Tort Claims Act:
Three cases, each presenting a slightly different aspect of the problem, were heard by the Court, In No. 35, the complaint alleges that an employee of the Federal Reserve Bank of New York was injured as a result of the negligence of an United States Post Office Department employee. Respondent insurance carrier had insured the Federal Reserve Bank against its liability for workmen’s compensation, and duly paid the injured person’s claim under the New York Workmen’s Compensation Law. The complaint further alleges that the injured person failed to commence any action against the United States within one year after the accident, and that his inaction operated, according to New York law,
In No. 36, the Government’s motion to dismiss the complaint was denied, and, after trial, it was found as fact that an employee of the United States Forest Service had negligently driven a Government vehicle into a vehicle owned by one Harding, causing damages of $1,484.50; that Harding was insured by the respondent insurance carrier and, pursuant to the terms of the policy, had been paid $784.50 by the insurer, to which it was now subrogated. Judgment was thereupon entered against the United States in favor of Harding for $700.00 and in favor of respondent insurance company for $784.50. The Court of Appeals for the Tenth Circuit affirmed.
Nos. 37 and 38 present the situation in which two insurance companies, each of which has paid part of a claim of loss occasioned by the negligence of an employee of the United States, bring suit in their own names, each asking recovery of the amount it has paid to the assured. The District Court dismissed the complaint on motion of the Government, but the Court of Appeals for the Third Circuit reversed and remanded the cause. We granted certiorari in these eases, 336 U. S. 960, because of a conflict of decisions in the circuits
The Federal Tort Claims Act provides in pertinent part that
*36 “•* * ⅝ united. States district court for the district wherein the plaintiff is resident or wherein the act or omission complained of occurred, * * * sitting without a jury, shall have exclusive jurisdiction to hear, determine, and render judgment on any claim against the United States, for money only, * * * on account of damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act of omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant for such damage, loss, injury, or death in accordance with the law of the place where the act or omission occurred. Subject to the provisions of this chapter, the United States shall be liable in respect of such claims to the same claimants, in the same manner, and to the same extent as a private individual under like circumstances * * *.”5
While the language of the Act indicates a congressional purpose that the United States be treated as if it were a private person in respect of torts committed by its employees, except for certain specific exceptions enumerated in the Act,
It is the Government’s position that R. S. 3477, which in terms makes “All transfers and assignments * * * of any claim upon the United States, or any part or share thereof, or interest therein * * ⅜ absolutely null and void * * *” except for assignments made after payment of the claim and in accordance with certain prescribed safeguards, includes assignments by operation of law and prohibits suit by the sub-rogee in its own name. Petitioner reads R. S. 3477 not as prohibiting transfer of a claimant’s substantive rights to an insurer-subrogee and ultimate recovery by the insurer but as a procedural requirement that the insurance carrier sue and recover judgment in the name of the original claimant. American Tobacco Co. v. United States, 166 U. S. 468 (1897). Its purpose in invoking the Anti-Assignment statute is said to be two-fold: “(1) to insure that the United States may avoid involvement in any litigation as to the existence or extent of subrogation or other assignment of such claims; and
It should be noted at the outset, however, that in the courts below and until argument in this Court (and even in its petition for certiorari) the Government contended that R. S. 3477 was a complete bar to recovery by a subrogee. Only in brief and argument here was it suggested that the insurance carrier could recover if suit was brought in the name of the insured to the use of the insurer, citing for the first time American Tobacco Co. v. United States, supra, a decision reflecting common-law procedure, upon which reliance is now placed.
R. S. 3477 was enacted in 1853 as part of a statute entitled “An Act to prevent frauds upon the treasury of the United States.”
“The act of Congress of Feb. 26, 1853, to prevent frauds on the treasury of the United States, which was the subject of consideration in the Gillis case, applies only to cases of voluntary assignment of demands against the government. It does not embrace cases where there has been a transfer of title by operation of law. The passing of claims to heirs, devisees, or assignees in bankruptcy are not within the evil at which the statute aimed; nor does the construction given by this court deny to such parties a standing in the Court of Claims.” Erwin v. United States, 97 U. S. 392, 397 (1878).
This construction of R. S. 3477 — that assignments by operation of law are not within the prohibition of the statute — was recognized as settled law in Goodman v. Niblack, supra, and has been repeated with approval in a great many subsequent cases.
The Government now contends, contrary' to the statements in all of the cases approving Erwin v. United States, supra, that an assignment by operation of law is not always exempt from the bar of R. S. 3477, but that in addition the assignment must be of a kind that will not involve the Government in the procedural difficulties previously referred to. All of
Without considering whether some of the cases are not comprehended within this rationale,
“The language of the statute, ‘all transfers and assignments of any claim upon the United States, or any part thereof, or any interest therein,’ is broad enough (if such were the purpose of Congress) to include transfers by operation of law, or by will. Yet we held it did not include a transfer by operation of law, or in bankruptcy, and we said it did not include one by will. The obvious reason for this is that there can be no purpose in such cases to harass the government by multiplying the number of persons with whom it has to deal, nor any danger of enlisting improper influence in ad*41 vocacy of the claim, and that the exigencies of the party who held it justified and required the transfer that was made.” (102 U. S. at 560; emphasis added.) (See also Hager v. Swayne, 149 U. S. 242, 247-48 [1893].)
The fact that some administrative problems may be the unintended byproducts of an involuntary assignment was not thought to be an evil within the scope of a statute aimed at fraud and harassment. That interpretation has, for nearly a century, exempted all transfers by operation of law from the prohibition of R. S. 3477.
That it was the understanding of Congress that subrogation claims were not within the bar of R. S. 3477 when it passed the Tort Claims Act is abundantly clear from a number of different particulars:
1. The Small Tort Claims Act of 1922
2. That specific reference in the statute was necessary to preclude recovery by subrogees in their own names (i. e., that R. S. 3477 is inapplicable to subrogees) was clearly the view of Congress when it enacted the Tort Claims Act. For in foreign claims legislation where it intended that result, Congress explicitly provided that Claims Officers should consider, ascertain, determine, and pay claims on account of injury or death, or property loss or damage to claimants in foreign countries, “including claims of insured but excluding claims of subrogees.”
“In 1877 the Supreme Court, in the case of U. S. v. Gillis (95 U. S. 407), after stating in effect that section 3477 was of universal application and covered all claims against the United States in every tribunal in which they might be asserted, indicated in language not necessary to the decision that transfers or assignments compelled by law or resulting from the operation of law might not have been within the purview of Section 3477.
“Now from that time on one exception after another has been carved from section 3477, until now the courts recognize*44 many types of adverse claims as the basis for what in effect are third-party suits based upon assignments by operation of law, subrogation, and equitable liens.”
It cannot therefore be seriously contended that Congress and the executive departments were not cognizant of the exemption of subrogation claims from R. S. 3477 when the Tort Claims Act was passed. The broad sweep of its language assuming the liability of a private person, the purpose of Congress to relieve itself of consideration of private claims, and the fact that subrogation claims made up a substantial part of that burden are also persuasive that Congress did not intend that such claims should be barred.
If, then, R. S. 3477 is inapplicable, the Government must defend suits by subrogees as if it were a private person. Rule 17 (a) of the Federal Rules, which were specifically made applicable to Tort Claims litigation
In cases of partial subrogation the question arises whether suit may be brought by the insurer alone, whether suit must be brought in the name of the insured for his own use and for the use of the insurance company, or whether all parties in interest must join in the action. Under the common law practice rights acquired by subrogation could be enforced in an action at law only in the name of the insured to the insurer’s use, Hall & Long v. Railroad Companies, 13 Wall. 367 (1871); United States v. American Tobacco Co., supra, as was also true of suits on assignments. Glenn v. Marbury, 145 U. S. 499 (1892). Mr. Justice Stone characterized this rule as “a vestige of the common law’s reluctance to admit that a chose in action may be assigned, [which] is today but a formality which has been widely abolished by legislation.” Aetna Life Ins. Co. v. Moses, 287 U. S. 530, 540 (1933). Under the Federal Rules, the “use” practice is obviously unnecessary, as has long been true in equity, Garrison v. Memphis Insurance Co., 19 How. 312 (1856), and admiralty, Liverpool
Although either party may sue, the United States, upon timely motion, may compel their joinder. Delaware County v. Diebold Safe & Lock Co., 133 U. S. 473, 488 (1890) (applying a state code under the Conformity Act). 3 Moore, Federal Practice (2d. ed.), p. 1348. Both are “necessary” parties. Rule 19 (b), Federal Rules of Civil Procedure.
It is true that under this rationale, there will be cases in which all parties cannot be joined because one or more are outside the jurisdiction, and the court may nevertheless proceed in the action under Rule 19 (b). In such cases the United States, like other tortfeasors, may have to defend two or more actions on the same tort and may be unable to assert counterclaims and offsets against the original claimant upon unrelated transactions.
The decisions of the Courts of Appeals in each of these cases is affirmed.
. 60 Stat. 842; formerly codified as 28 U. S. C. §931 et seq. The new Judicial Code became effective on Sept. 1, 1948, while these actions were pending on appeal, and the provisions formerly embodied in the Tort Claims Act are now distributed through various chapters of the new Code.
. 10 Stat. 170 as amended; 31 U. S. C. §203.
. When this action was brought, §29 of the New York Workmen’s Compensation Act provided that if an injured employee has taken compensation but has failed to commence action against the tortfeasor within one year after the cause of action accrued, “such failure shall operate as an assignment of the cause of action against such other * * * to the person, association, corporation, or insurance carrier liable for the payment of such compensation.”
. Courts of Appeals in seven circuits have upheld the right of subrogees to sue under the Tort Claims Act. State Farm Mutual Liability Insurance Co. v. United States, 1st Cir., 172 F. 2d 737; Aetna Casualty & Surety Co. v. United States, 2d Cir., 170 F. 2d 469; Yorkshire Insurance Co. v. United States, 3d Cir., 171 F. 2d 374; United States v. South Carolina State Highway Dept., 4th Cir., 171 F. 2d 893; Old Colony Insurance Co. v. United States, 6th Cir., 168 F. 2d 931; National American Fire Insurance Co. v. United States, 9th Cir., 171 F. 2d 206; United States v. Chicago, R. I. & P. R. Co., 171 F. 2d 377.
The Court of Appeals for the Fifth Circuit reached a contrary conclusion, United States v. Hill, 171 F. 2d 404, Judge Hutcheson dissenting. Reargument was ordered before the full bench and, upon reconsideration, the original opinion was modified, 174 F. 2d 61, Judge Hutcheson concurring in the result “as in substantial accordance with the views the dissent expressed.”
. Formerly 28 U. S. C. §931. This section is now divided and, with immaterial changes, appears in 28 U. S. C. §§1346 (b) and 2674.
. See 28 U. S. C. §2680.
. This contention was also made in reargument of United States v. Hill, before the Court of Appeals for the Fifth Circuit, which took place after certiorari was granted by this Court. See note 4.
. Petitioner’s argument is, in effect, that R. S. 3477 does not prevent the assignment of substantive rights against the United States but merely controls the method of procedure by which the assignee may recover. This position is in square conflict with Spofford v. Kirk, 97 U. S. 484, and is not justified by anything said in Martin v. National Surety Co., 300 U. S. 588. Furthermore, it would require that the real party in interest provisions
. 10 Stat. 170.
. Other sections of the Act made it unlawful for officers of the United States or Members of Congress to have any interest in claims against the Government or to act for claimants, penalized bribery or undue influencing of Members of Congress, and prohibited the destruction or withdrawal of public records.
. See, e. g., St. Paul & Duluth R. Co. v. United States, 112 U. S. 733, 736; Butler v. Gorley, 146 U. S. 303, 311; Hager v. Swayne, 149 U. S. 242; Ball v. Halsell, 161 U. S. 72, 79; Price v. Forrest, 173 U. S. 410, 421; National Bank of Commerce v. Downie, 218 U. S. 345, 356; Western Pacific Co. v. United States, 268 U. S. 271, 275.
. For example, transfers by will or intestacy, which are not within the prohibition of R. S. 3477 under the cases, would obviously multiply the persons with whom the United States must deal and might very well embroil it in conflicting claims.
. 42 Stat. 1066; 31 U. S. C. §215.
. Reported at 36 Ops. Atty. Gen. 553. See Holtzoff, Tort Claims Against the Federal Government, 9 Law & Contemp. Prob. 311, 318; The Federal Tort Claims Act, 42 Ill. L. Rev. 344, 349.
. 57 Stat. 66; 31 U. S. C. §224d.
. The House Committee Report states that “Such a provision of law leaves undisturbed, as between the parties, the rights of the insured and of insurance companies and others who have become subrogated to the rights of the owners of the property or of the person who is injured or whose death results, but permits the Government to settle with a single claimant and without the necessity of inquiry into, or determination of, the relative rights of the parties.” H. R. Rep. No. 312, 78th Cong., 1st Sess., p. 2.
. That members of the House Committee on Claims were aware of the problem of recovery by insurance carrier-subrogees at the time the Tort Claims Act was passed is demonstrated by that Committee’s report, submitted less than two weeks prior to passage of the Act, on subrogation claims presented by insurance companies in connection with the crash of an army airplane into the Empire State Building. The War Department had recom
. Formerly 28 U. S. C. §932. See note 7, supra.
. They are clearly not “indispensable” parties under the familiar test of Shields v. Barrow, 17 How. 130 (1854), that such parties have “an interest of such a nature that a final decree cannot be made without affecting that interest or leaving the controversy in such a condition that its final termination may be wholely inconsistent with equity and good conscience.” See Delaware County v. Diebold Safe & Lock Co., 133 U. S. 473, 488 (1890); Hubbard v. Manhattan Trust Co., 87 F. 51; Rogers v. Penobscott Mining Co., 154 F. 606; 3 Moore, Federal Practice (2d ed.) p. 2178.
. The counterclaim statute, 28 U. S. C. §1346(c) confers jurisdiction on district courts over any “counterclaim, claim or demand on the part of the United States against any plaintiff commencing an action.” The offset statute, 31 U. S. C. §§71, 227„ directs the deduction from judgment and allowed claims against the United States of debts as to which “the plaintiff therein shall be indebted to the United States.” (Emphasis added.) We need not and do not consider what rights of counterclaim and set-off may-lie in the United States in suits brought by insurer-subrogees. Cf. United States v. Munsey Trust Co., 332 U. S. 234 (1947); Defense Supplies Corp. v. United States Lines Co., 148 F. 2d 311.
Reference
- Full Case Name
- UNITED STATES v. AETNA CASUALTY and SURETY CO. UNITED STATES v. WORLD FIRE and MARINE INSURANCE CO. UNITED STATES v. YORKSHIRE INSURANCE CO. UNITED STATES v. HOME INSURANCE CO.
- Status
- Published