Opinion

State Farm Fire and Casualty Company v. Seprish

Court
District Court, M.D. Pennsylvania
Filed
Apr 30, 2024
Cited by
0 cases
Authority
More cited than 29.2%

stating that, “before granting a default judgment, the Court must . . . ascertain whether ‘the unchallenged facts constitute a legitimate cause of action, since a party in default does not admit mere conclusions of law’” (citations omitted)

How later courts described this case

  • stating that, “before granting a default judgment, the Court must . . . ascertain whether ‘the unchallenged facts constitute a legitimate cause of action, since a party in default does not admit mere conclusions of law’” (citations omitted)

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF PENNSYLVANIA

STATE FARM FIRE AND CASUALTY

COMPANY,

CIVIL ACTION NO. 3:23-CV-01153

Plaintiff,

(MEHALCHICK, J.)

v.

EDWARD SEPRISH, et al.,

Defendants.

ORDER

This action was brought by Plaintiff State Farm Fire and Casualty Company (“State

Farm”) against six individual defendants, Edward Seprish, Charlene Seprish, Christian

Seprish, Joshua Seprish, Alexander Seprish, and Nicholas Seprish, collectively known as the

Seprishes. (Doc. 1). The operative amended complaint was filed on October 5, 2023. (Doc.

24). State Farm seeks a declaration from this Court that it does not have a duty to defend or

indemnify the Seprishes for claims brought against them in a separate state court action. (Doc.

1, at 25). Before the Court are six motions for default judgment filed by State Farm against

each of the Seprishes. (Doc. 40; Doc. 42; Doc. 44; Doc. 46; Doc. 48; Doc. 50). On March 11,

2024, Magistrate Judge Martin C. Carlson filed a report and recommendation (“the Report”)

recommending State Farm’s motions be granted. (Doc. 52). No objections have been filed to

the Report. For the following reasons, in accordance with Judge Carlson’s recommendation,

State Farm’s motions for default judgment will be GRANTED. (Doc. 40; Doc. 42; Doc. 44;

Doc. 46; Doc. 48; Doc. 50).

I. LEGAL STANDARDS

A. DISTRICT COURT REVIEW OF A REPORT AND RECOMMENDATION

“A district court may ‘designate a magistrate judge to conduct hearings, including

evidentiary hearings, and to submit to a judge of the court proposed findings of fact and

recommendations for the disposition’ of certain matters pending before the court.” Brown v.

Astrue, 649 F.3d 193, 195 (3d Cir. 2011) (quoting 28 U.S.C. § 636(b)(1)(B)). Within fourteen

days of being served a report and recommendation, “any party may serve and file written

objections to such proposed findings and recommendations as provided by rules of court.” 28

U.S.C. § 636(b)(1). When a party timely files objections, the district court is to conduct a de

novo review of the challenged portions of the Magistrate Judge’s findings unless the objection

is “not timely or not specific.” Goney v. Clark, 749 F.2d 5, 6–7 (3d Cir.1984); 28 U.S.C. §

636(b)(1). The Court may then “accept, reject, or modify, in whole or in part, the findings and

recommendations.” 28 U.S.C. § 636(b)(1). “Although the standard is de novo, the extent of

review is committed to the sound discretion of the district judge, and the court may rely on

the recommendations of the magistrate judge to the extent it deems proper.” Rahman v.

Gartley, No. CV 3:23-363, 2024 WL 555894, at *1 (M.D. Pa. Feb. 12, 2024) (citing United v.

Raddatz, 447 U.S. 667, 676 (1980)). For those sections of the report and recommendation to

which no objection is made, the court should, as a matter of good practice, “satisfy itself that

there is no clear error on the face of the record in order to accept the recommendation.” Fed.

R. Civ. P. Adv. Comm. Note Rule 72(b).

B. DEFAULT JUDGMENT

Default judgments are governed by a two-step process set forth under Rule 55 of the

Federal Rules of Civil Procedure. An entry of default by the Clerk of Court under Rule 55(a)

is a prerequisite to a later entry of a default judgment under Rule 55(b). See 10A Charles Alan

Wright & Arthur R. Miller, Federal Practice and Procedure § 2682 (3d ed. 2007) (noting that,

“[p]rior to obtaining a default judgment under either Rule 55(b)(1) or Rule 55(b)(2), there

must be an entry of default as provided by Rule 55(a)”). Once the Clerk of Court has entered

a default, the party seeking the default may then move the court to enter a default judgment

under Rule 55(b)(2). Entry of default does not entitle a claimant to default judgment as a

matter of right. 10 James Wm. Moore et al., Moore's Federal Practice § 55.31 (Matthew

Bender ed. 2010). Indeed, it is well settled that decisions relating to the entry of default

judgments are committed to the sound discretion of the district court. See Emcasco Ins. Co. v.

Sambrick, 834 F.2d 71, 74 (3d Cir. 1987).

Three factors control the exercise of the district court's discretion in assessing whether

default judgment should be granted following the entry of default: “(1) prejudice to the

plaintiff if default is denied, (2) whether the defendant appears to have a litigable defense, and

(3) whether defendant's delay is due to culpable conduct.” See Chamberlain v. Giampapa, 210

F.3d 154, 164 (3d Cir. 2000) (citing United States v. $55,518.05 in U.S. Currency, 728 F.2d 192,

195 (3d Cir. 1984)). Even so, a court may “enter a default judgment based solely on the fact

that the default occurred” without considering the Chamberlain factors if the defendant has

been properly served but fails to appear, plead, or defend an action. See Anchorage Assocs. v.

Virgin Islands Bd. of Tax Review, 922 F.2d 168, 177 n.9 (3d Cir. 1990).

“A finding that default judgment is appropriate, however, is not the end of the

inquiry.” Martin v. Nat'l Check Recovery Servs., LLC, No. 1:12-cv-01230, 2016 WL 3670849, at

*1 (M.D. Pa. July 11, 2016). Prior to entering a default judgment, the Court must also

determine whether the “unchallenged facts constitute a legitimate cause of action.” See

Wright et al., at § 2688; Broad. Music, Inc. v. Spring Mount Area Bavarian Resort, Ltd., 555 F.

Supp. 2d 537, 541 (E.D. Pa. 2008) (stating that, “before granting a default judgment, the Court

must . . . ascertain whether ‘the unchallenged facts constitute a legitimate cause of action,

since a party in default does not admit mere conclusions of law’” (citations omitted)). In

conducting this inquiry, “the well-pleaded, factual allegations of the complaint . . . are

accepted as true and treated as though they were established by proof.” See E. Elec. Corp. of

N.J. v. Shoemaker Const. Co., 652 F. Supp. 2d 599, 605 (E.D. Pa. 2009) (citation omitted).

While the Court must accept as true the well-pleaded factual allegations of the complaint, the

Court need not accept the moving party's factual allegations or legal conclusions relating to

the amount of damages. See Comdyne I, Inc. v. Corbin, 908 F.2d 1142, 1149 (3d Cir. 1990).

II. DISCUSSION

Since the Report explains the background of this case, this Court will only include here

what is necessary for the purposes of this Memorandum. (Doc. 52). At State Farm’s request,

the Clerk of Court has entered a default against each of the Seprishes. (Doc. 30-Doc. 39). As

recognized in the Report, a plaintiff who prevails by default must still demonstrate that they

are entitled to the relief they seek. See DIRECTV Inc. v. Pepe, 431 F.3d 162, 165 (3d Cir. 2005).

Here, State Farm requests a declaratory judgment “that it has no duty to defend or indemnify

the Seprishes as a result of pending state court litigation.” (Doc. 52, at 3). As the Report

correctly outlines, “[u]nder Pennsylvania law an insurer’s defense and coverage duties with

respect to litigation are triggered by the language of the underlying complaint. Kvaerner Metals

Division of Kvaerner U.S., Inc. v. Commercial Union Ins. Co., 908 A.2d 888, 896 (Pa. 2006).”

(Doc. 52, at 3); see Leithbridge Co. v. Greenwich Ins. Co., 464 F. Supp. 3d 734, 739 (E.D. Pa.

2020) (“In determining whether the underlying litigation falls within the scope of the insurer's

duties to defend or indemnify, a court must examine only those factual allegations made

within the “four corners” of the underlying complaint.”). “The duty to defend commences

when, comparing the factual allegations of the complaint with the terms of the policy at issue,

a complaint alleges facts that potentially bring at least one claim alleged in the action within

the coverage of the policy. Mutual Benefit Ins. Co. v. Haver, 725 A.2d 743, 745 (Pa. 1999).”

(Doc. 52, at 2). When a claimant has an occurrence-based policy, as the Seprishes do here,

they must demonstrate that the relevant injury was caused by an “occurrence” or an

“accident.” (Doc. 24, at 14); see generally Nationwide Mut. Ins. Co. v. CPB Int'l, Inc., 562 F.3d

591, 598 (3d Cir. 2009) (“’The purpose and intent of a general liability insurance policy is to

protect the insured from essentially accidental injury to the person or property of another[.]’”

(quoting Pennsylvania Manufacturers' Ass'n Ins. Co. v. L.B. Smith, Inc., 2003 PA Super 322, 831

A.2d 1178, 1181 (2003)). “Pennsylvania courts have defined ‘accident’ as a ‘fortuitous,

untoward or unexpected happening.’” State Farm Fire & Cas. Co. v. Czop, No. CIV.A. 02-1048,

2004 WL 632724, at *5 (E.D. Pa. Feb. 11, 2004) (quoting McGaw v. Town of Bloomburg, 257

A.2d 622, 624 (Pa. Super. Ct. 1969)).

Here, the Seprishes’ insurance policy, as attached to State Farm’s amended complaint,

extends coverage only to injury resulting from an occurrence or accident. (Doc. 24, at 144-

150). The complaint filed against the Seprishes in state court, also attached to the amended

complaint, alleges that the Seprishes intentionally trespassed on their neighbors’ land, made

threats of bodily harm to their neighbors, and “operated their vehicles at a high rate of speed

and in a hazardous manner” on their neighbors’ land. (Doc. 24, at 95-137). The state court

complaint alleges that this intentional behavior has resulted in harm and injury. (Doc. 24, at

95-137). As the Report thoroughly explains, because the actions underlying the state court

complaint involve intentional conduct and not accidental harm the Seprishes are not entitled

to defense or indemnification by State Farm. (Doc. 52, at 4). Thus, given the Seprishes’

“repeated failures to answer, respond or defend this case,” including their failure to file

objections to the Report, the Court will GRANT State Farm’s motions and enter declaratory

judgments in favor of State Farm against each of the Seprishes providing that State Farm has

no duty or obligation to defend or indemnify the Seprishes under their State Farm policy

number 78-GH-Y829-0 in the state court action Kay v. Regula, et al., Docket No. 2019-

201908711, pending in the Court of Common Pleas of Luzerne County, Pennsylvania.

III. CONCLUSION

The Court agrees with the sound reasoning in Judge Carlson’s Report and finds no

clear error on the face of the record. (Doc. 52). This Court will therefore adopt his report and

recommendation in its entirety.

NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

(1) The report and recommendation of Judge Carlson (Doc. 52) is ADOPTED IN ITS

ENTIRETY as the decision of the Court.

(2) State Farm’s motions for declaratory judgment are GRANTED. (Doc. 40; Doc.

42; Doc. 44; Doc. 46; Doc. 48; Doc. 50).

(3) The Court shall enter declaratory judgments in favor of State Farm providing State

Farm has no duty or obligation to defend or indemnify the Seprishes under their

State Farm policy number 78-GH-Y829-0 in the state court action Kay v. Regula, et

al., Docket No. 2019- 201908711, pending in the Court of Common Pleas of

Luzerne County, Pennsylvania.

(4) The Clerk shall mark this matter CLOSED.

DATE: April 30, 2024 BY THE COURT:

s/ Karoline Mehalchick

KAROLINE MEHALCHICK

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.