Kitbar Enters., LLC v. Liberty Ins. Underwriters, Inc.
Kitbar Enters., LLC v. Liberty Ins. Underwriters, Inc.
Opinion of the Court
At issue in this breach of contract case is plaintiff O'Hagan Meyer, PLLC's ("O'Hagan") motion for summary judgment on count II of its complaint and Liberty Insurance Underwriters, Inc.'s ("Liberty") motion seeking sanctions (Docs. 64, 73). Liberty concedes that it owes $86,940.70 to O'Hagan for O'Hagan's defense of KitBar Enterprises, LLC ("KitBar") and that entry of judgment under count II is proper. Thus, the only issues to resolve are:
(i) Whether O'Hagan should be awarded prejudgment interest;
(ii) Whether O'Hagan's conditioning settlement of its claim on resolution of KitBar's claim constituted "bad faith" sufficient to warrant a sanction; and
(iii) Whether O'Hagan's refusal to settle its claim against Liberty "unreasonably and vexatiously" multiplied the proceedings in the case in violation of28 U.S.C. § 1927 .
The matter has been fully briefed and argued and is now ripe for disposition.
I.
This breach of contract case arises out of Liberty's failure to pay O'Hagan Meyer *616for O'Hagan Meyer's representation of Liberty's insured, KitBar, in a 2015 lawsuit. That lawsuit was ultimately settled, but not before Liberty issued a January 12, 2017 letter denying KitBar coverage for the lawsuit. In the January 2017 letter, Liberty stated that it would honor its obligation to pay defense costs and expenses incurred by O'Hagan through January 12, 2017. The unpaid defense costs and expenses as of January 12, 2017 totaled $86,940.70.
KitBar and O'Hagan did not respond to Liberty's January 12 letter. On April 5, 2017, after receiving no response, Liberty filed suit against KitBar in the Circuit Court of Fairfax County, Virginia, alleging fraud and breach of contract and seeking rescission of the insurance policy Liberty had issued to KitBar. A month later, on May 12, 2017, KitBar and O'Hagan filed suit against Liberty alleging two counts: (i) breach of contract for failing to defend KitBar in the 2015 lawsuit, and (ii) breach of contract for failing to pay O'Hagan the $86,940.70 in defense fees incurred as of January 12, 2017.
On June 16, 2017, Liberty offered to settle count II of the complaint with O'Hagan, agreeing to pay the full amount owed. O'Hagan did not accept, and instead continued litigating the case. O'Hagan informed Liberty that is would only settle count II if Liberty agreed to settle count I. In October 2017, Liberty renewed its offer to settle count II after O'Hagan served Liberty with initial discovery requests. O'Hagan again refused the offer to settle and Liberty filed a motion for a protective order, arguing that discovery related to count II was unnecessary. The magistrate judge denied Liberty's motion.
The parties filed cross-motions for summary judgment on counts I and II. In a memorandum opinion and order, summary judgment in favor of Liberty was granted on KitBar's claim in count I. See KitBar Enterprises, LLC et al v. Liberty Insurance Underwriters, Inc. ,
II.
The first question is whether O'Hagan is entitled to the award of prejudgment interest on its claim in count II of the complaint for fees totaling $86,940.70. Virginia law controls the award of prejudgment interest in this diversity breach of contract action. Hitachi Credit Am. Corp. v. Signet Bank ,
*617Award of prejudgment interest is inappropriate in this case. Liberty offered to settle O'Hagan's claim in full at the outset of the litigation of this case. O'Hagan not only refused that initial settlement offer, but also refused multiple subsequent offers to settle with Liberty. Had O'Hagan accepted Liberty's offer at the outset of the litigation, O'Hagan would have enjoyed the use and benefit of the funds owed by Liberty. Because O'Hagan's own actions denied it the benefit and use of the money owed by Liberty, O'Hagan is not entitled to prejudgment interest. Accordingly, O'Hagan's request for prejudgment interest is denied.
III.
Liberty also argues that O'Hagan should be sanctioned for conditioning settlement of its claim in count II of the complaint on Liberty's agreement to settle KitBar's claim in count I. Federal courts have inherent power to impose sanctions on a party or its counsel for bad faith conduct that abuses legal process. Chambers v. NASCO, Inc. ,
The question here is whether O'Hagan's refusal to accept Liberty's offers of settlement constituted bad faith abuse of legal process. Liberty repeatedly offered to pay O'Hagan the full amount requested in count II, but O'Hagan was not obligated to accept the offer of settlement, and no rule bars O'Hagan from conditioning settlement of its claim on settlement of its client's claim.
Liberty also seeks sanctions pursuant to
Liberty argues that O'Hagan's continued litigation of its single count in the complaint "unreasonably and vexatiously" multiplied the proceedings in this case by requiring Liberty to file a motion to dismiss and motion for summary judgment with respect to count II despite its offer to pay the claim in full. This claim fails; even if O'Hagan's continued litigation of its claim in count II multiplied the proceedings in this case, O'Hagan did not do so unreasonably since it was under no obligation to accept Liberty's settlement offer. Thus, Liberty's motion for sanctions pursuant to § 1927 is denied.
Accordingly, for the reasons stated above, and for good cause shown,
It is hereby ORDERED that O'Hagan's motion for summary judgment is GRANTED IN PART and DENIED IN PART (Doc. 64). It is DENIED with respect to O'Hagan's request for prejudgment interest. It is GRANTED in all other respects.
It is further ORDERED that Liberty's motion for sanctions is DENIED (Doc. 73).
The Clerk is directed to enter judgment in favor of O'Hagan and against Liberty in the total amount of $86,940.70, and to place this matter among the ended causes. The Clerk is further directed to send a copy of this Order to all counsel of record.
The facts recited here are derived from O'Hagan's statement of undisputed facts in its motion for summary judgment. Liberty disputed the characterization of the facts in two of O'Hagan's enumerated paragraphs in its statement of undisputed facts, but Liberty does not deny the facts relevant and material to deciding O'Hagan's motion for summary judgment. Facts related to O'Hagan and Liberty's conduct during the litigation are derived from Liberty's motion for sanctions and O'Hagan's response, though the parties do not disagree as to any of the facts relevant to the sanctions motion.
O'Hagan's position on settlement was questionable, but Liberty could have remedied the situation by invoking Rule 68, Fed. R. Civ. P. and making an offer of judgment.
Reference
- Full Case Name
- KITBAR ENTERPRISES, LLC v. LIBERTY INSURANCE UNDERWRITERS, INC.
- Cited By
- 1 case
- Status
- Published