United States District Court, S.D. Georgia
CAROLYN PATRICIA LYNN, as Administrator of the Estate of Milton Lynn, Plaintiff,
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Defendant.
Lisha Godbey Wood, Judge
reasons below, this case cannot be remanded.
Sues National Union in State Court for Allegedly Breaching
Carolyn Patricia Lynn sued Defendant National Union Fire
Insurance Co. of Pittsburgh, Pa. ("National
Union") in the Superior Court of Glynn County on
November 10, 2016. Dkt. No. 1-2 at 9. She alleged that her
late husband, Milton, had fallen on October 26, 2013.
Id. at 9-10 ¶¶ 2, 7.
to the hospital and developed cellulitis, an abscess, and
sepsis. Id. at 10 ¶ 9. The sepsis contributed
to kidney failure, leading .to dialysis and more
hospitalizations. Id. at ¶¶ 9-10. On April
17, 2014, Milton's leg was amputated; thereafter, he
"was admitted to the hospital on many occasions."
Id. ¶¶ 11-12. Milton died from the
injuries and complications on October 27, 2015. Id.
Union allegedly insured Milton, but "did not pay [him]
all that was due to him under his . . . contract."
Id. at 10-11 ¶¶ 14, 16. The complaint
therefore alleged breach of contract. Id. at 11
¶¶ 18, 20.
Calculates Damages and National Union Removes
sent discovery demands on November 7, 2016. Id. at
15, 28. She sought "[a] copy of any insurance policy and
any renewals covering the incident complained of."
Id. at 27 ¶ 3.
Union responded on January 13, 2017. Id. at 69, 79.
It named four policies issued to Milton. Id. at 67
¶ 13. As for why it did not think they applied, National
Union referred Lynn to eleven denial letters it produced.
Id. at 68 ¶ 15.
April 11, 2017, the parties jointly moved the Superior Court
to extend discovery, partly "to allow [Lynn] to review
the information and documents produced - such that the
Parties could clarify [Lynn's] claims and discuss an
early resolution of the case." Id. at 84 ¶
Union sent its first interrogatories on May 25, 2017.
Id. at 104. It asked Lynn to "identify each
claim for which [she] contend[s] National Union erroneously
failed to provide coverage, " including "the
applicable policy" and "the amount [she] contend[s]
is owed for the claim." Id. at 101 ¶ 15.
6, 2017, the parties jointly moved to continue the trial and
extend discovery. Id. at 117. They explained that
National Union had sought information from Lynn
"regarding which claims [Lynn] believed were improperly
denied and, as [Lynn] was a named insured under several
policies, which policies [Lynn] believed to be
applicable." Id. at 118 ¶ 5. Lynn needed
discovery from National Union to "clarify" this.
Id. ¶ 7. As of May 11, 2017, the parties
claimed, they had realized that "the factual and legal
issues were significantly more complex than initially
contemplated, " and that "the amount of damages
sought by [Lynn] remain[ed] unclear and undetermined."
Id. at 120 ¶¶ 15-16.
on June 23, 2017, Lynn responded to National Union's
discovery demands. Dkt. No. 1-12 at 25. Relevantly here, to
"identify each claim for which [she] contend[s] National
Union erroneously failed to provide coverage, " Lynn
simply stated, "Plaintiff refers to eleven denial
letters [she] received from Defendant." Id. at
21. For the first time in Superior ...