Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sherry Cadell v. Xl Specialty Insurance Company

March 15, 2013

SHERRY CADELL
v.
XL SPECIALTY INSURANCE COMPANY



The opinion of the court was delivered by: Joseph A. DiClerico, Jr. United States District Judge

Opinion No. 2013 DNH 036

ORDER

Following the death of Anderson Cadell, Jr., his wife, Sherry Cadell ("Mrs. Cadell"), brought suit in state court against XL Specialty Insurance Company ("XL") seeking coverage under an automotive insurance policy issued to Anderson Cadell's employer. XL removed the action to this court and filed a counter-claim seeking a declaratory judgment that it owed no coverage under the insurance policy. The parties cross-moved for summary judgment on the issue of whether Mrs. Cadell is entitled to coverage under the insurance policy. The court granted Mrs. Cadell's motion and entered judgment.

After the court entered judgment, XL appealed. While the appeal was pending, the parties agreed to settle the case. The parties filed a joint motion to approve settlement.

Background

Anderson Cadell, Jr. was an employee of United Oil Recovery ("UOR"). On December 1, 2009, in the course of his employment with UOR, Mr. Cadell drove a UOR truck to a job site in Chelmsford, Massachusetts, and stopped in the breakdown lane of Route 3 North. The truck was registered and garaged in New Hampshire. The job entailed collecting containers of hazardous waste materials and hauling them away from the site in the truck.

While Mr. Cadell was standing behind the truck preparing to remove the containers, a passenger car, driven by Juanita McKenzie, drove off the road and crashed into him. Mr. Cadell was pinned against the back of the truck and died instantly. Another worker, Salvatore Pintone, was also injured in the accident.

McKenzie's vehicle was insured by Travelers Insurance. Mrs. Cadell, on behalf of her husband's estate, settled with Travelers for $10,000.

UOR had an automotive liability policy (the "Policy") through XL, which covered approximately two hundred UOR vehicles, including the truck the decedent drove to the job site. Mrs. Cadell claimed underinsured motorist coverage under the Policy and XL denied coverage.

Mrs. Cadell is the duly appointed administratrix of her husband's estate. She sued on her own behalf, on behalf of her husband's estate, and as mother and next friend of her son, Anderson Cadell, III ("Anderson").

The parties cross-moved for summary judgment on the issue of whether Mrs. Cadell is entitled to coverage under the insurance policy and, to the extent the court determined that she is entitled to coverage, the limit of her coverage. The court granted Mrs. Cadell's motion and denied XL's motion, holding that under the terms of the Policy, Mrs. Cadell was entitled to a limit of $990,000 in coverage. The parties filed a joint motion for entry of judgment, which the court granted, and judgment was entered.

After the court entered judgment, XL filed a notice of appeal to the First Circuit Court of Appeals. While the appeal was pending, the parties filed a joint motion to approve settlement and a joint motion for an indicative ruling*fn1 regarding their motion to approve settlement in this court. The court approved the motion for an indicative ruling.*fn2 On February 25, 2013, the First Circuit granted the parties' joint request to remand the case to this court.*fn3

Discussion

Local Rule 17.1 provides that "[n]o settlement of any suit brought on behalf of a minor by a parent or next friend shall be valid unless approved by the court." LR 17.1. The rule further provides that "[i]f the minor is a New Hampshire resident, the motion shall contain the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.