Camiolo v. State Farm Fire and Cas. Co.
| Citation | 334 F.3d 345 |
| Decision Date | 30 June 2003 |
| Docket Number | No. 02-1603.,02-1603. |
| Parties | Paul CAMIOLO, Individually and as Administrator of the Estate of Edward P. Camiolo, Deceased; Paul Camiolo, Individually and as Executor of the Estate of Rosalie Camiolo, Deceased v. STATE FARM FIRE AND CASUALTY CO.; Lee Affel, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; J. Whelan, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; Karen Ratcliffe, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; C. Clark, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; Don Hullenbaugh, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; D. Murphy, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; A. Bowles, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; G. Wiland, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; Alex Sutherland, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; Steven J. Benedek, Individually and as Agent, Servant, Workman or Employee of State Farm Fire and Casualty Co.; Township of Upper Moreland; Township of Upper Moreland Police Department; Edward O. Stauch, Jr., Individually and as Agent, Servant, Workman or Employee of Upper Moreland Township Police Department and/or Township of Upper Moreland; Robert P. Kerrigan, Individually and as Agent, Servant, Workman or Employee of Upper Moreland Township Police Department and/or Township of Upper Moreland; Rick Tidwell, Individually and as an Agent, Servant, Workman or Employee of Upper Moreland Township Police Department and/or Township of Upper Moreland; Township of Upper Moreland Fire Department; Thomas M. Sullivan, Individually and as Agent, Servant, Workman or Employee of Township of Upper Moreland and/or Township of Upper Moreland Fire Department; Trooper Investigative Services; George L. Wert, Individually and as an Agent, Servant, Workman or Employee of Trooper Investigative Services; Peter C. Minzolla, Individually and as Agent, Servant, Workman or Employee of Trooper Investigative Services; Michael Mateleska, Individually and as Agent, Servant, Workman or Employee of Trooper Investigative Services; Robert H. Jones Associates, Inc.; Walter Kerr, Individually and as Agent, Servant, Workman or Employee of Robert H. Jones Associates, Inc. Paul Camiolo, individually and as Administrator of the Estates of Edward P. Camiolo, Deceased and Rosalie Camiolo, Deceased, Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
Joseph R. Viola, (argued), Philadelphia, PA, for Appellants.
Joseph D. Mancano, Britt, Hankins, Schaible & Moughan, Philadelphia, PA, for Appellees State Farm Fire & Casualty Company, Lee Affel, J. Whelan, Karen Ratcliffe, C. Clark, Don Hullenbaugh, D. Murphy, A. Bowles, G. Wiland, Alex Sutherland, and Steven J. Benedek.
Joseph J. Santarone, Jr., (argued), Marshall, Dennehey, Warner, Coleman & Goggin, Norristown, Charles W. Craven, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, for Appellees Township of Upper Moreland, Upper Moreland Police, Edward O. Stauch, Jr., Robert P. Kerrigan, Upper Moreland Fire, Thomas M. Sullivan, Rick Tidwell.
Carla P. Maresca, Deasey, Mahoney & Bender, Philadelphia, PA, for Appellees Trooper Investigative Services, George L. Wert, Peter C. Minzolla, Michael Mateleska.
Before MCKEE, SMITH, Circuit Judges, and HOCHBERG, District Judge.*
Paul Camiolo ("Camiolo") was arrested for, inter alia, the arson murder of his parents, Edward and Rosalie Camiolo, and detained for approximately ten months. After the charges were dismissed, Camiolo filed this action against State Farm Fire and Casualty Co. ("State Farm") and numerous individuals who had been involved in the investigation of the cause and origin of the fire.1 His complaint alleged claims under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962, violations of his civil rights under 42 U.S.C. § 1983, and various state law causes of action.
At the conclusion of discovery, the District Court denied a motion by Camiolo to compel production of transcripts of testimony that the defendants had given before a state grand jury. The District Court granted summary judgment in favor of the defendants on all claims. Although we affirm the District Court's order denying the motion to compel production of the grand jury testimony, we do so for reasons other than those stated by the District Court. As we explain below, the District Court should first have given the Court of Common Pleas an opportunity to pass upon the request for access to transcripts from a county investigating grand jury convened under state law. We also affirm the orders granting summary judgment for the defendants on all of Camiolo's federal and state law claims.
On September 30, 1996, the house where Camiolo resided with his parents, Edward and Rosalie Camiolo, was damaged by fire. According to Camiolo, the fire started in the living room sofa on which his mother was sleeping. Although Camiolo escaped from the house without injury, his father died in the fire and his mother died several months later as a result of the injuries she sustained during the fire.
State Farm insured the Camiolo residence against fire loss.2 An entry in State Farm's claim activity log dated September 30 indicated that the cause of the fire "was due to careless smoking" and that efforts would be made to obtain a copy of the fire marshal's report. Yet Upper Moreland Township police and fire officials, who initiated an investigation, suspected that Camiolo had, by incendiary means, intentionally started the fire. That investigation eventually led to a request by the District Attorney of Montgomery County that the Court of Common Pleas of that county convene an investigating grand jury pursuant to Pennsylvania's Investigating Grand Jury Act. 42 Pa.C.S.A. §§ 4541-4553. The District Attorney's request was granted, and a county investigating grand jury met to hear evidence on ten separate occasions between August 13, 1998 and January 14, 1999.
State Farm had also initiated an investigation into the cause and origin of the fire, hiring Walter Kerr, an employee of Robert H. Jones Associates, Inc. to conduct an investigation and submit a report. Kerr opined in March 1997 that the "fire was intentionally set and accelerated by the use of gasoline." Thereafter, State Farm refused to pay Camiolo's claim for losses caused by the fire. In response, Camiolo filed suit in November 1997 in state court alleging that State Farm had breached its contract of insurance. State Farm subsequently removed the suit to the United States District Court for the Eastern District of Pennsylvania. See Paul Camiolo v. State Farm Fire & Casualty Co., Civil Action No. 97-8057 (E.D.Pa.).
In late September 1998, while the grand jury was still conducting its investigation, State Farm initiated discussions with Camiolo's counsel which eventually led to settlement of the initial civil suit seeking payment of the fire loss claim. Camiolo signed a release on October 15, 1998 in exchange for $240,000. The release provided, in relevant part, as follows:
The undersigned, PAUL CAMIOLO on his own behalf and as Administrator of the Estate of Edward Camiolo, Deceased, and Executor of the Estate of Rosalie Camiolo, Deceased (hereinafter referred to as Releasors) declares that, for and in consideration of TWO HUNDRED FORTY THOUSAND DOLLARS ($240,000) ... does forever release, acquit and discharge STATE FARM FIRE & CASUALTY COMPANY, its ... employees and agents ... of and from any and all actions, causes of actions, claims, demands, damages resulting or to result from a fire which occurred on or about September 30, 1996 at 4130 Hoffman Road, Hatboro, Pennsylvania, which became the subject of a property damage claim filed with State Farm ... which claim is fully settled and satisfied by virtue of the above-mentioned sum paid.
It is further understood and agreed that Releasors hereby discharge Releasees of and from any and all actions, causes of actions, claims, demands or damages, including claims for contractual and extra-contractual damages and claims for personal injury and emotional distress, and for any damages which may develop at some time in the future, and for any damages relating to the claims handling in connection with this matter, including bad faith, and for any and all unforeseen developments arising out of the incident referred to above, including any and all claims which were the subject matter of a lawsuit pending in the United States District Court, for the Eastern District of Pennsylvania, styled Paul Camiolo v. State Farm Fire & Casualty Co., Civil Action No. 97-8057....
PAUL CAMIOLO hereby declares that the terms of this Release and Settlement Agreement have been completely read; and that said terms are fully understood and voluntarily accepted for the purpose of making a full and final compromise of any and all claims on account of the damages and losses mentioned above and further for the express purposes of precluding forever any further or additional suits by Releasors or any of them arising out of the aforesaid claims.
When Camiolo executed the release, he knew that he was the target of the investigation being pursued by the state grand jury. In an affidavit submitted to the District Court in support of his claims in this action, Camiolo acknowledged that he had discussed with his attorney in the insurance action that he might not "have the resources necessary to defend" himself in a criminal prosecution. The settlement Camiolo...
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