United States District Court, E.D. Pennsylvania
E.K. PRATTER UNITED STATES DISTRICT JUDGE
parties have two competing visions for the future of this
litigation: one seeks to have it returned to state court; the
other seeks its dismissal altogether. Upon consideration of
the parties' written and oral advocacy, as well as the
applicable case law, the Court denies the motion to remand
and grants the motion to dismiss for lack of standing.
Mager, driving one car, and Jessica Ramos, driving another
vehicle owned by her mother, Donna Ramos, collided. The Ramos
vehicle was insured by Travelers Home and Marine Insurance
Company for a policy period of 2011 -2012. Donna Ramos was
the named insured. The automobile accident occurred in 2012.
to initiating the present action, Ms. Mager filed a
negligence personal injury lawsuit in the Philadelphia Court
of Common Pleas in 2013 against Donna Ramos and Jessica
Ramos. In these proceedings, Ms. Mager and Donna Ramos signed
a stipulation setting forth the following:
• The vehicle driven by Jessica Ramos was owned by Donna
Ramos and insured under the Travelers insurance policy.
• Upon belief, Jessica Ramos was denied coverage under
the Travelers policy for being a non-permissive user of the
vehicle and/or pursuant to other policy exclusions.
• At trial, the only issue to be tried would be the
issue of negligence of Jessica Ramos and/or Donna Ramos, and
to the extent that there would be a finding of negligence
against either of the individuals, Ms. Mager agreed to cap
all damages sought to $100, 000.
• Should Donna Ramos be found negligent, Travelers would
pay the sum of the damages awarded against her, and/or should
Ms. Mager initiate a declaratory judgment action to collect
on a judgment against either Jessica or Donna Ramos, the sum
of collection would be limited to $100, 000.
stipulation was not signed by any attorney or agent of
Travelers. Thereafter, a jury trial commenced, and directed
verdict was entered in favor of Ms. Mager and against Jessica
Ramos. The jury returned a verdict in favor of Donna Ramos.
declaratory judgment action was filed by Ms. Mager in 2019 in
the Philadelphia Court of Common Pleas. Travelers removed on
the basis of diversity jurisdiction. Ms. Mager seeks a
declaration that the Travelers insurance policy at issue
covers the liability of Jessica Ramos.
Motion to dismiss
arguments are two-fold. First, it argues that Ms. Mager as
the injured party has no standing to seek a declaratory
judgment regarding coverage issues under the insurance policy
covering the mother of the tortfeasor, Donna Ramos. Second,
Travelers argues that Ms. Mager's case must be dismissed