STONEWALL INSURANCE COMPANY, PLAINTIFF-APPELLEE,
v.
SALOME D. LOPEZ, BASILAESA LOPEZ, AND JESSE REYES MORENO, DEFENDANTS-APPELLANTS

5th Cir. | 1976-12-16
No. 76-2955
Before COLEMAN, GOLDBERG and GEE, Circuit Judges.
544 F.2d 198 Court of Appeals for the Fifth Circuit (1976) Positive Treatment
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the value of the insurer's duty to defend its insured, in addition to the policy limits, can be considered to meet the jurisdictional amount for federal court.


Facts & Procedural History

An insurer brought a declaratory judgment action to determine if its policy covered an accident that occurred before the policy was issued. The plaint…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM:

PER CURIAM:

This case arises from an August 23, 1974 automobile accident in which Richard R. Lopez was killed. The deceased’s parents, Salome D. Lopez and Basilaesa Lopez, filed a state-court action against Jesse Reyes Moreno, claiming his negligence caused the accident. When Moreno claimed that he was insured by Stonewall Insurance Company, Stonewall brought this declaratory action in federal court, naming the Lopezes and Moreno as defendants. Stonewall claimed that the accident occurred before Moreno obtained the insurance. The district court reached the merits, accepted Stonewall’s contention, and rendered judg ment accordingly.1 On appeal, appellants do not challenge the district court’s resolution of the merits but assert solely that the amount in controversy does not exceed the jurisdictional minimum of $10,000. See 28 U.S.C. § 1332. We affirm.

Stonewall’s liability for bodily injury under the insurance contract at issue is limited to $10,000 per person. Because this suit involved injuries to only one person, Stonewall’s maximum bodily injury liability is $10,000. As appellants correctly note, when the amount in controversy is exactly $10,-000, it does not exceed $10,000, and § 1332 does not establish jurisdiction. The controversy here, however, involves not only Stonewall’s potential liability for the $10,-000. but also Stonewall’s obligation to defend the state-court action against Moreno, its insured. If the insurance contract covers the accident in question, Stonewall is obligated, by the contract’s terms, to defend Moreno. If, on the other hand, the insurance contract does not apply to the accident in question, Stonewall has no obligation to provide a defense. The pecuniary value of the obligation to defend the separate lawsuit is properly considered in determining the existence of the jurisdictional amount, and the amount in controversy here therefore exceeds $10,000. See Allstate Ins. Co. v. Dillard, 190 F.Supp. 111 (E.D.Pa.1960); Criterion Ins. Co. v. Quillen, 212 F.Supp. 924 (D.Md.1963); cf. Motorists Mutual Ins. Co. v. Simpson, 404 F. 2d 511 (7th Cir. 1968), cert. denied, 394 U.S. 988, 89 S.Ct. 1470, 22 L.Ed.2d 763 (1969) (dictum).2

We affirm.

. The district court acted properly when it resolved the claim on the basis of the facts presented without attributing any significance to the insurance company’s name, “Stonewall”. That an insurance company would take as its name a verb meaning “to engage in obstructive parliamentary debate or delaying tactics,” see Webster’s Seventh New Collegiate Dictionary 864 (1970), may demonstrate remarkable candor but does not help guide the decision of a particular case.

. Appellants vigorously assert that the jurisdictional amount issue is governed by the “plaintiff’s viewpoint” rule, under which we should purportedly assess the existence of the jurisdictional amount solely from the viewpoint of the plaintiff, ignoring the lawsuit’s pecuniary impact upon the defendant. Here we have no occasion to assess the import or applicability of that rule, however, because the amount in controversy exceeds $10,000 when viewed from either the plaintiff’s or the defendants’ viewpoint. The difference between winning and losing this lawsuit, either to appellants or to Stonewall, will be $10,000 plus the cost of defending the state-court action.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Yolene Elisias v. GEICO Gen. Ins. Co. & Promene Charles, 118 So. 3d 919 (Fla. 4th DCA 2013)
  • Fastcase, Inc. v. Lawriter, LLC, 907 F.3d 1335 (11th Cir. 2018)
  • Clarendon Am. Ins. v. Miami River Club, Inc., 417 F. Supp. 2d 1309 (S.D. Fla. 2006)
    …ought in the underlying lawsuit; and (3) the pecuniary value of the obligation to defend the underlying lawsuit. Owners Ins. Co. v. James, 295 F.Supp.2d 1354, 1359 (N.D.Ga.2003) (citing, for the third factor, Stonewall Ins. Co. v. Lopez, 544 F.2d 198, 199 (5th Cir.1976)). 10 Here, the Clarendon Policy attached to the Amended Complaint expressly shows that its personal injury coverage limit is $1,000,000. (Exh. A to Am. Compl.) This means that Clarendon could potentially face liability in…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw