Filed: Aug. 04, 2014
Latest Update: Aug. 04, 2014
Summary: OPINION AND ORDER W. KEITH WATKINS, Chief District Judge. This is a declaratory judgment action brought by National Casualty Company against its insured, Joe-Ryan Enterprises, Inc., and Danny Cail, the husband and administrator of the Estate of Teresa Cail, deceased. Teresa Cail was killed while driving a truck for Joe-Ryan. Mr. Cail is suing Joe-Ryan and Bridgestone Americas for Teresa's wrongful death in a separate action. In this suit, National Casualty is requesting a declaration that it
Summary: OPINION AND ORDER W. KEITH WATKINS, Chief District Judge. This is a declaratory judgment action brought by National Casualty Company against its insured, Joe-Ryan Enterprises, Inc., and Danny Cail, the husband and administrator of the Estate of Teresa Cail, deceased. Teresa Cail was killed while driving a truck for Joe-Ryan. Mr. Cail is suing Joe-Ryan and Bridgestone Americas for Teresa's wrongful death in a separate action. In this suit, National Casualty is requesting a declaration that it h..
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OPINION AND ORDER
W. KEITH WATKINS, Chief District Judge.
This is a declaratory judgment action brought by National Casualty Company against its insured, Joe-Ryan Enterprises, Inc., and Danny Cail, the husband and administrator of the Estate of Teresa Cail, deceased. Teresa Cail was killed while driving a truck for Joe-Ryan. Mr. Cail is suing Joe-Ryan and Bridgestone Americas for Teresa's wrongful death in a separate action. In this suit, National Casualty is requesting a declaration that it has no duty to defend or indemnify Joe-Ryan.
Mr. Cail has moved to be dismissed as a defendant to this suit because "there is no justiciable controversy" between himself and National Casualty. (Doc. # 7.) Mr. Cail claims that he "has made no claim to any insurance proceeds that may be available under the policy" identified in National Casualty's Complaint, and that Joe-Ryan is actually being defended in the wrongful death suit "under a separate policy of insurance unrelated to National Casualty Company." (Doc. # 7, at ¶¶ 3, 4.) To the contrary, National Casualty represents in its brief that "[t]he [u]nderlying lawsuit has been presented to Joe-Ryan's insurer, [National Casualty]." (Doc. # 9, at 6.)
National Casualty further opposes the motion by arguing that Mr. Cail has been joined as a necessary and indispensable party to this litigation. (Doc. # 9, at 2.) National Casualty cites, among other authorities, American Safety Casualty Insurance Company v. Condor Associates, Ltd., 129 F. App'x 540, 542 (11th Cir. 2005), a per curiam opinion in which the Eleventh Circuit affirmed a district court's dismissal of an insurer's declaratory judgment action because it failed to join two tort claimants who had sued the insured. The court agreed that the tort claimants were indispensable parties pursuant to Rule 19.1
National Casualty asserts that Mr. Cail is a proper defendant because he has sued National Casualty's insured, Joe-Ryan. Mr. Cail has not replied to National Casualty's argument. In view National Casualty's representation that it has been presented with the wrongful death case in which Mr. Cail is the plaintiff, and upon consideration of the relevant law, the court finds that Mr. Cail's motion to dismiss is due to be denied.
Accordingly, it is ORDERED that Mr. Cail's motion to dismiss (Doc. # 7) is DENIED.
