17 V.I. 87 | Supreme Court of The Virgin Islands | 1980
MEMORANDUM OPINION
This action springs from two suits pending in the United States District Court of the Virgin Islands in which the intervenors, as plaintiffs, seek damages against Puerto Rican Cars, Inc., Miguel Delemos, and Gary S. Francis for injuries sustained in an automobile accident.
Plaintiffs arguments fail to recognize that subject matter jurisdiction is not conferred on this court by the Virgin Islands Declaratory Judgment Act, supra, and that the Act does not extend or expand the court’s jurisdiction.
The independent jurisdictional basis in this case must be provided by 4 V.I.C. § 76(a), which provides:
The territorial court shall have original jurisdiction concurrent with that of the district court in all civil actions wherein the matter in controversy exceeds the sum of $500 but does not*90 exceed the sum of $50,000; to supervise and administer estates and fiduciary relations; to appoint and supervise guardians and trustees; to hear and determine juvenile, divorce, annulment and separation proceedings; to grant adoptions and changes of name; to establish paternity; to legitimize children and to make orders and decrees pertaining to the support of relations.
Clearly, this action for a declaratory judgment, which is based on an underlying insurance contract, can only fall within the first jurisdictional grant of § 76(a) and on that language that states, “all civil actions wherein the matter in controversy exceeds the sum of $500 but does not exceed the sum of $50,000.”
Thus, the court must determine the amount in controversy in this declaratory judgment action. Even though the District Court action against the insured parties still is pending and the liability of the plaintiff/insurer has not been determined, the court cannot accept plaintiffs argument that there is no amount in controversy. Instead, the court believes the matter in controversy, from a jurisdictional point of view, is the maximum amount for which the plaintiff/insurer can be liable under the insurance policy it issued. Builders & Manufacturers Mutual Casualty Co. v. Paquette, 21 F.Supp. 858 (S.D. Maine 1938); Travelers Insurance Co. v. Young, 18 F.Supp. 450 (D. N.Y. 1937); Commercial Casualty Insurance Co. v. Humphrey, 13 F.Supp. 174 (S.D. Tex. 1935).
ORDER
The court having rendered a Memorandum Opinion this date, it is ORDERED that the intervenors’ motions to dismiss for lack of subject matter jurisdiction be and the same hereby are granted.
Civil Nos. 79-198 and 79-207, in the District Court of the Virgin Islands, Division of St. Thomas and St. John.
Reprinted, infra at p. 3.
See Uniform Declaratory Judgment Act, § 1, note 163 and the cases cited therein. The Virgin Islands Declaratory Judgment Act is based on the Uniform Act. 5 V.I.C. § 1261 (1967) Revision Note.
Although the Virgin Islands Declaratory Judgment Act is derived from the Uniform Declaratory Judgment Act, rather than the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, the necessity for underlying subject matter jurisdiction remains. Gilman v. Government, Civil No. 79-162 (D.V.I., Div. St. T. & St. J., November 30, 1979).
Plaintiff argues that the court hears divorces and probates estates in which the matter in controversy often exceeds $50,000. What the plaintiff overlooks, though, is that § 76(a) specifically grants this court the power to “hear and determine ... divorce proceedings” and to “administer estates” without regard to the dollar amount involved.
The cited cases involved federal declaratory judgment actions to determine rights under automobile insurance policies where an action for damages against the insured was pending. All were jurisdictionally based on diversity of citizenship, 28 U.S.C. § 1332, and the maximum amount of liability under the policy was held to be the test for determining the amount in controversy.
Plaintiff relies on Bryan v. DeFreitas, Civil No. 1980/58 (D.V.I. St. Croix, order*91 dated April 2, 1980), which is not to the contrary. There no question was raised as to the jurisdiction of the Territorial Court. The only issue was whether the District Court should transfer a pending Territorial Court declaratory judgment action and consolidate it with a “somewhat related action” in the District Court. The motion was simply denied without any stated reason.