Anczarski v. Travelers Indem. Co.
| Decision Date | 17 July 2017 |
| Docket Number | No. CIV 16-0856 JB/SCY,CIV 16-0856 JB/SCY |
| Parties | JOHN J. ANCZARSKI, as biological parent of John R. Anczarski, deceased, and as Personal Representative for the Estate of John R. Anczarski, and JOYCE A. ANCZARSKI, biological parent of John R. Anczarski, deceased, Plaintiffs, v. THE TRAVELERS INDEMNITY COMPANY, Defendant. |
| Court | U.S. District Court — District of New Mexico |
THIS MATTER comes before the Court on: (i) the Defendant's The Travelers Indemnity Company's Motion for Summary Judgment, filed April 6, 2017 (Doc. 31)("Motion"); and (ii) the Plaintiffs' Motion to Supplement the Record with Correct Information, filed June 28, 2017 (Doc. 46)("Motion to Supplement Record"). The Court held a hearing on June 8, 2017. The primary issues are: (i) whether the Plaintiffs John J. Anczarski and Joyce A. Anczarski may supplement the record with the Certificate of Liability Insurance 2010 (executed January 2, 2010), filed April 36, 2017 (Doc. 46-1)("2010 Certificate of Liability Insurance"), and John J. Anczarski's Amended Verification (sworn January 4, 2017), filed June 28, 2017 (Doc. 46-2)("Amended Verification"), where the Anczarskis inadvertently had filed an immaterial Certificate of Liability Insurance 2004 (executed December 8, 2004), filed April 26, 2017 (Doc. 35-1)("2004 Certificate of Liability Insurance") that reflects Travelers Indemnity Company policies and where the Anczarskis inadvertently omitted to file a verification in support of John J. Anczarski's Supplemental Answers to Defendant's First Set of Interrogatories, filed April 26, 2017 (Doc. 35-3)("John J. Anczarski's Supplemental Answers"); (ii) whether Pennsylvania or New Mexico law applies to the Anczarskis' breach-of-contract claim and uninsured or underinsured motorist claim against Travelers Indemnity, where Travelers Indemnity issued two insurance policies to Mark's Supply, which is a hardware store in Pennsylvania that the Anczarskis own, but where their son was fatally struck by a vehicle in New Mexico; and (iii) whether, in light of The Travelers Indemnity Company Certified Common Policy at 1-145, filed April 6, 2017 (Doc. 31-1)("Travelers CGL Policy"), and The Travelers Indemnity Company Certified Commercial Excess Liability (Umbrella) Insurance Policy at 1-40, filed April 6, 2017 (Doc. 31-2)("Travelers Excess Liability Policy"), which Travelers Indemnity issued to the Anczarskis, there is a genuine issue of material fact regarding the Anczarskis' breach-of-contract claim and uninsured or underinsured motorist claim that precludes Travelers Indemnity from seeking summary judgment. The Court concludes: (i) that the Anczarskis may supplement the record to include the 2010 Certificate of Liability Insurance, and John J. Anczarski's Amended Verification in support of his Supplemental Answers; (ii) that under New Mexico's lex loci contractus choice-of-law rule, Pennsylvania contract law applies to the Anczarskis' breach-of-contract claim and uninsured or underinsured motorist claim, because the commercial general liability and excess liability policies at issue were executed in Pennsylvania; and (iii) that, in light of the Travelers CGL Policy and the Travelers Excess Liability Policy at issue, there is no genuine issue of material fact whether Travelers Indemnity had an obligation to provide uninsured or underinsured motorist coverage to the Anczarskis or otherwise breached any contractual obligation owed to the Anczarskis under either insurance contract. Accordingly, the Court: (i) grants the Anczarskis' Motion to Supplement Record, (ii) grants Travelers Indemnity's Motion, and (iii) enters summary judgment in Travelers Indemnity's favor.
The Court draws its presentation of the facts from: (i) Travelers Indemnity's Statement of Material, Undisputed Facts, see Motion ¶¶ 1-16, at 3-6; and (ii) the Anczarskis' Statement of Undisputed Facts, see Plaintiff's [sic] Response to Defendant's Motion for Summary Judgment at 2, filed April 26, 2017 (Doc. 35)("Response"). "John R. Anczarski, the son of Plaintiffs John J. Anczarski and Joyce A. Anczarski, died after being struck by a vehicle during a bicycle ride across the country for breast cancer awareness." Motion ¶ 1, at 4 ( this fact)(citing Plaintiff's Complaint for Underinsured/Uninsured Motorist Claim ¶¶ 3, 13, at 2-3 (), filed in federal court on July 26, 2016 (Doc. 1-1)("Complaint")). See Response at 2 (). "The bicycle ridden by the son was struck by a vehicle driven by Gilbert Waconda in Cibola County, New Mexico." Motion ¶ 2, at 4 ( this fact)(citing Complaint ¶ 4, at 2). See Response at 2 (). "Waconda's negligence caused the collision and the death of the son." Motion ¶ 3, at 4 ( this fact)(citing Complaint ¶¶ 11-12, at 2). See Response at 2 ().
"Plaintiffs John J. Anczarski and Joyce Anczarski are residents of Pennsylvania and own and operate a business in Pennsylvania known as Mark's Supply." Motion ¶ 4, at 4 ( this fact)(citing Complaint ¶¶ 1, 5, at 2). See Response at 2 (). "Mark's Supply is a sole proprietorship owned by the Anczarskis or by John J. Anczarski." Motion ¶ 5, at 4 ( this fact)(citing Complaint ¶ 5, at 2; John J. Anczarski's Answers to Defendant's Second Set of Interrogatories ¶ 17, at 5 filed April 6, 2017 (Doc. 31-5)("John Anczarski's Second Interrogatory Answers"). See Response at 2 (). "John J. Anczarski is the personal representative for the Estate of John R. Anczarski." Motion ¶ 6, at 4 ( this fact)(citing Complaint at 1). See Response at 2 ().
"At the time of the collision and death of the son, there were in effect a commercial general liability ('CGL') policy and a commercial excess liability policy issued by the Travelers Indemnity Company to 'Mark's Supply' as the named insured." Motion ¶ 7, at 4 (citing Joint Status Report and Provisional Discovery Plan, Stipulations ¶ 3, at 2, filed September 27, 2016 (Doc. 13)("Joint Status Report Stipulations")(asserting this fact). See Response at 2 (). "The CGL policy and commercial excess liability policy were the only Travelers policies in effect at the time of the accident for any of the Anczarskis or Mark's Supply." Motion ¶ 8, at 4 (citing Joint Status Report Stipulations ¶ 4, at 3)(asserting this fact). See Response at 2 (). Travelers issued a "commercial general liability ('CGL') policy . . . to Mark's Supply as the named insured in Frackville, Pennsylvania." Motion ¶ 9, at 5 (citing Travelers CGL Policy at 1-145)( asserting this fact). See Response at 2 (). Travelers issued "commercial excess liability policies . . . to Mark's Supply as the named insured at 1 S. Lehigh Ave., Frackville, Pennsylvania." Motion ¶ 10, at 5 (citing Travelers Excess Liability Policy at 1-40)(asserting this fact). See Response at 2 (). "The Travelers CGL and commercial excess liability policies were issued in the State of Pennsylvania to Mark's Supply as the named insured at 1 S. Lehigh Ave., Frackville, Pennsylvania." Motion ¶ 11, at 5 (citing Travelers CGL Policy at 1-145; Travelers Excess Liability Policy at 1-40)(asserting this fact). See Response at 2 (). "The CGL policy and the commercial excess liability policy were both issued for the policy period of 12-25-09 to 12-25-10, which included the date of the accident in this case." Motion ¶ 12, at 5 (citing Travelers CGL Policy at 1-145; Travelers Excess Liability Policy at 1-40)(asserting this fact). See Response at 2 ().
"At the time of the collision and death of the son, Mark's Supply Company did not own, title or register any motor vehicles." Motion ¶ 13, at 5 (citing John Anczarski's Second Interrogatory Answers ¶ 14, at 5; John J. Anczarski's Objections and Responses to Defendant's Second Set of Requests for Production ¶¶ 11-12, at 9, filed April 6, 2017 (Doc. 31-5). See Response at 2 (). "Mark's Supply Company did not own, title or register any vehicles at any time from the year 2000 to the present." Motion ¶ 14, at 5 (citing John Anczarski's Interrogatory Answers ¶ 16, at 5). See Response at 2 (). "At the time of the accident and death of the son, the Anczarskis were insured under a motor vehicle liability insurance policy issued by Erie Insurance Exchange that contained uninsured/underinsured motorist coverage." Motion ¶ 15, at 5-6 (citing John J. Anczarski's Answers to Defendant's Interrogatories ¶ 5, at 3, filed April 6, 2017 (Doc. 31-6)("John Anczarski's Interrogatory Answers"); Erie Insurance Group Policy and Declarations at 1-23, filed April 6, 2017 (Doc. 31-3). See Response at 2 (). "The Anczarskis made an underinsured motorist claim to Erie Insurance for the death of their son, which claim was paid by Erie Insurance." Motion ¶ 15, at 6 (John Anczarski's Interrogatory Answers ¶ 5, at 3; Erie Insurance Exchange/Eire Insurance Company Release and Agreement at 4-5, filed April 6, 2017 (Doc. 31-4)). See Response at 2 (). On December 8, 2004, Seabury & Smith, Inc. issued Mark's Supply a Certificate of Liability Insurance, under which The Travelers Indemnity Company provided Mark's Supply with coverage for commercial general liability, automobile liability for hired autos and non-owned autos, and excess liability, for the period commencing on December 25, 2004, and terminating on December 25, 2005. See Response at 3 (asserting this fact); Reply at 3 (); 2004 Certificate of Liability Insurance.
On June 17, 2016, the Anczarskis filed the Plaintiff's [sic] Complaint for Underinsured/Uninsured Motorist Claim (filed in state court on June 17, 2016), filed in ...
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