Opinion

Razaqyar v. Integon National Insurance Company

Court
District Court, M.D. Florida
Filed
Dec 2, 2020
Cited by
0 cases
Authority
More cited than 19.8%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

GUL PEKAI RAZAQYAR

and TORIALAY RAZAQYAR,

Plaintiffs,

v. Case No. 8:20-cv-2444-T-33CPT

INTEGON NATIONAL INSURANCE

COMPANY,

Defendant.

______________________________/

ORDER

This matter comes before the Court upon consideration of

Plaintiffs Gul Pekai Razaqyar and Torialay Razaqyar’s Motion

for Remand (Doc. # 16), filed on November 18, 2020. Defendant

Integon National Insurance Company responded on November 23,

2020. (Doc. # 17). For the reasons that follow, the Motion is

granted.

I. Background

The Court and the parties are both familiar with the

allegations of the complaint and, thus, the Court need not

recite them here. The Razaqyars initiated this insurance

action against Integon in state court on September 18, 2020,

asserting claims for declaratory relief and bad faith. (Doc.

# 1 at 7-13). Integon removed the case to this Court on

October 19, 2020, on the basis of diversity jurisdiction.

(Id. at 1-4).

Integon then moved to dismiss both counts of the

complaint. (Doc. # 7). The Court dismissed the bad faith claim

without prejudice as unripe but denied the motion to dismiss

as to the claim for declaratory relief. (Doc. # 15).

Now, the Razaqyars seek remand to state court, arguing

that the amount in controversy for the remaining declaratory

relief claim is only $58,000. (Doc. # 16). Integon has

responded (Doc. # 17), and the Motion is ripe for review.

II. Discussion

“Federal courts have limited subject matter

jurisdiction.” Morrison v. Allstate Indem. Co., 228 F.3d

1255, 1260-61 (11th Cir. 2000). As such, “[a] federal court

not only has the power but also the obligation at any time to

inquire into jurisdiction whenever the possibility that

jurisdiction does not exist arises.” Fitzgerald v. Seaboard

Sys. R.R., Inc., 760 F.2d 1249, 1251 (11th Cir. 1985).

When jurisdiction is premised upon diversity of

citizenship, 28 U.S.C. § 1332(a) requires, among other

things, that “the matter in controversy exceeds the sum or

value of $75,000, exclusive of interest and costs.” If “the

jurisdictional amount is not facially apparent from the

complaint, the court should look to the notice of removal and

may require evidence relevant to the amount in controversy at

the time the case was removed.” Williams v. Best Buy Co., 269

F.3d 1316, 1319 (11th Cir. 2001). When “damages are

unspecified, the removing party bears the burden of

establishing the jurisdictional amount by a preponderance of

the evidence.” Lowery v. Ala. Power Co., 483 F.3d 1184, 1208

(11th Cir. 2007).

The complaint does not state a specified claim to

damages. (Doc. # 1 at 7). Instead, Integon argued in its

Notice of Removal that the amount in controversy requirement

was met because the Razaqyars had obtained a state court

judgment for $797,610 plus interest against Integon’s alleged

insureds. (Id. at 2). Notably, however, that amount in

controversy analysis applied when the complaint contained

both claims for declaratory relief regarding the availability

of coverage under the insurance policy and for bad faith.

The claim for bad faith has since been dismissed. Thus,

the amount in controversy requirement now must be met based

on the remaining claim for declaratory relief alone. See Brown

v. Safeco Ins. Co. of Ill., No. 6:13-cv-1982-Orl-31, 2014 WL

1478833, at *1 (M.D. Fla. Apr. 14, 2014)(“[T]he Court abated

Plaintiff’s bad faith claim as premature, and a non-ripe bad

faith claim has zero value with regard to the amount in

controversy.”); see also Hargrove-Davis v. State Farm Mut.

Auto. Ins., No. 8:18-cv-923-T-33CPT, 2018 WL 4742965, at *3

(M.D. Fla. Oct. 2, 2018)(holding that only the amount in

controversy — $20,000 — for a breach of contract claim should

be considered in determining jurisdiction because the

premature bad faith claim for $500,000, as well as other

invalid claims, had been dismissed).

“For amount in controversy purposes, the value of

injunctive or declaratory relief is the ‘value of the object

of the litigation’ measured from the plaintiff’s

perspective.” Morrison v. Allstate Indem. Co., 228 F.3d 1255,

1268 (11th Cir. 2000)(citation omitted). “Stated another way,

the value of declaratory relief is ‘the monetary value of the

benefit that would flow to the plaintiff if the [relief he is

seeking] were granted.’” S. Fla. Wellness, Inc. v. Allstate

Ins. Co., 745 F.3d 1312, 1316 (11th Cir. 2014)(citation

omitted). While absolute certainty is neither attainable nor

required, the value of declaratory or injunctive relief must

be “sufficiently measurable and certain” to satisfy the

amount in controversy requirement. Morrison, 228 F.3d at

1269.

The Razaqyars argue that the amount of controversy for

the remaining declaratory relief claim is only $58,000 — the

$50,000 bodily injury limits under the insurance policy at

issue combined with the $8,000 for property damage decided by

the jury, which is less than the $25,000 property damage

limits under the policy.1 (Doc. # 16 at 4; Doc. # 16-1 at 1).

The Court agrees.

While the final judgment entered by the state court

against Integon’s alleged insureds far exceeds $75,000, this

Court is only asked in this case to declare the availability

of insurance coverage for the accident. See N.H. Indem. Co.

v. Scott, No. 8:11-cv-943-T-23MAP, 2012 WL 6537098, at *2

(M.D. Fla. Dec. 14, 2012)(“The amount of damages sought in

the underlying action is relevant only up to the amount for

which the insurer must indemnify the insured. Thus, if the

value of the underlying claim exceeds the insurer’s potential

1 The total policy limit for bodily injury and property damage

equals $75,000. (Doc. # 16 at 4; Doc. # 17 at 3). However,

because the jury determined that there was only $8,000 in

property damage, $58,000 rather than $75,000 is the correct

number to consider. Even if the full policy limit of $75,000

were considered, the amount in controversy requirement still

would not be met because the $75,000 policy limit does not

exceed $75,000. See Zulu v. PNC Bank, N.A., No. 1:19 CV 1821,

2019 WL 5677504, at *2 (N.D. Ohio Nov. 1, 2019)(“As Defendants

point out, Plaintiff’s demand did not exceed $75,000.00 but

instead is $75,000.00 exactly. That does not meet the

jurisdictional requirement.”).

liability under the policy, the amount in controversy in the

declaratory judgment action is the insurer’s potential

liability under the policy — the policy limit.”). And a

declaration by this Court in favor of the Razaqyars would

only lead to $58,000 in value flowing to them. That is,

Integon would only have to provide coverage for $50,000 for

bodily injury damages and the $8,000 attributed to property

damage by the jury if the declaratory judgment claim is

decided against it in this case.

The fact that the Razaqyars hope to recover more through

a bad faith claim in a subsequent case if they are successful

here does not alter the value of the declaratory judgment

claim regarding coverage currently before the Court. See Id.

at *3 (“NHIC argues essentially that, because the present

action serves as a prerequisite to a future, speculative [bad

faith] action, the amount in controversy in the future,

speculative action controls the amount in controversy in the

present action. But a declaratory judgment’s attenuated,

collateral consequence perforce res judicata, collateral

estoppel, or stare decisis contributes nothing to the amount

in controversy.”). In short, the amount in controversy for

the declaratory judgment claim is below the jurisdictional

threshold and the case must be remanded to state court.

Accordingly, it is now

ORDERED, ADJUDGED, and DECREED:

Plaintiffs Gul Pekai Razagyar and Torialay Razagyar’s

Motion for Remand (Doc. # 16) is GRANTED. The Clerk is

directed to remand this case to state court and thereafter

CLOSE the case.

DONE and ORDERED in Chambers in Tampa, Florida, this 2nd

day of December, 2020.

VIRGINIA M. HERNANDEZ’COVINGTON

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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