Zelinski v. Townsend7/8/2005
Murphy, C.J., Eyler, James R., Getty, James S., (Retired, specially assigned), JJ.
This appeal arises out of a December 18, 2000 automobile accident in which appellants Angela Gail Zelinski and Dylan Walter Zelinski sustained injuries that were caused by the negligence of appellee Robert Malcolm Townsend, III (Robert, III). At the time of the accident, Robert, III was driving a vehicle owned by "Mac's Septic Service" and insured by appellee Harleysville Mutual Insurance Co. (Harleysville). In the Circuit Court for Cecil County, appellants sued Robert, III and his parents, appellees Robert Malcolm Townsend, Jr. (Robert, Jr.) and Louise Townsend, the owners/operators of Mac's Septic Service. Instead of defending the Townsends in that lawsuit, Harleysville filed a COMPLAINT FOR DECLARATORY JUDGMENT in which it requested that the United States District Court for the District of Maryland find and declare that Harleysville is under no duty to defend or indemnify Mac's Septic Service, Robert Townsend, Jr., Robert Townsend, III or any agents of Mac's Septic Service against any claims, or for any sums which Mac's Septic Service, Robert Townsend, Jr., Robert Townsend, III or any agents of Mac's Septic Service may incur and pay by reason of the alleged injuries sustained by Angela Zelinski or any member of the Zelinski family or any other party as a result of the accident of December 18th, 2000.
Appellants were not parties to the federal declaratory judgment action, which concluded with a determination that Harleysville "is relieved of any duty to defend or indemnify [Mac's Septic Service and/or any of the Townsends] for any claims arising out of the December 18, 2000 accident." Harleysville Ins. Co. v. Mac's Septic Service, et al., 225 F.Supp.2d 595, 599 (D. Md. 2002).
Appellants' lawsuit against the Townsends was litigated in the Circuit Court for Cecil County. At the conclusion of a three day jury trial, the jury returned verdicts that included the following findings of fact:
1. [Appellee] Robert Malcolm Townsend, III was negligent.
2. [Appellee] Robert Malcolm Townsend, III was acting within the scope of his employment.
3. [Appellee] Robert Malcolm Townsend, Jr. was an owner of Mac's Septic Service.
4. [Appellee] Louise Townsend was an owner of Mac's Septic Service.
The jury awarded damages in the amount of $4,480,206.17 to Angela and in the amount of $1,557,282.00 to Dylan. After the circuit court had reduced the awards (pursuant to the "cap" statute) and entered judgments in favor of the appellants, (1) the appellants filed a REQUEST FOR ISSUANCE OF WRIT OF GARNISHMENT DIRECTED TO GARNISHEE HARLEYSVILLE MUTUAL INSURANCE COMPANY, and (2) Harleysville responded to that request by filing an answer that included the following assertions:
6. On December 18th, 2000 Harleysville Mutual Insurance Company had in effect for Mac's Septic Service and Robert Townsend, Jr. a Commercial Auto Policy with a liability limit of $500,000 per each accident, and a Commercial Umbrella Liability policy with an aggregate limit of one million dollars. These coverages did not apply when Robert Townsend, III was driving. On September 1st, 2000 Harleysville Mutual Insurance Company issued a named driver exclusion for Defendant Robert Townsend, III as a result of a suspension of his driver's license due to a citation for attempting to drive under the influence.
7. Since September 1st, 2000, there is no coverage under the Harleysville Mutual Insurance Company policies for any accident involving the operation of a motor vehicle by Robert Townsend,, III. Following the accident of December 18th, 2000, Harleysville Mut
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