Super 2000 No 187 May 1997
You could argue this group should rank higher ... or much lower. While it's littered with nonsensical names who barely made a blip on the radar, the 2000 class also boasts the greatest quarterback of the 21st century -- and, for me, ever -- in six-time Super Bowl winner and newfangled-Buccaneer-with-a-chip-on-his-shoulder-even-if-he-won't-admit-it Tom Brady. Chad Pennington is lost in Tommy's shadow, but the group's only first-rounder was a rare find for the Jets and produced nicely for most of his 11-year career. An anonymous sixth-rounder, Marc Bulger went on to start 95 games for the post-Kurt Warner Rams over eight seasons. It's incredible the 49ers made Giovanni Carmazzi the second quarterback off the board with Brady -- a Bay Area resident -- still available, but the blame falls on every single team in the NFL who failed to recognize what the future Patriots star would become. Pennington, Carmazzi, Chris Redman, Tee Martin, Bulger and Spergon Wynn all found homes before fate intervened to pair TB12 with Bill Belichick.
Super 2000 No 187 May 1997
Both Michael Vick and Drew Brees changed perceptions of how the position could -- and should -- be played. Vick's rare scampering ability and off-the-charts athleticism refocused the league on the potential of running quarterbacks. It's impossible not to wonder how Vick's career would've progressed without his dog-fighting scandal and subsequent prison stint -- though he did make one more Pro Bowl with Philly in 2010. Brees, meanwhile, serves as a constant reminder that height-challenged quarterbacks aren't always a minus. In his case, Brees has operated as a top-tier superstar ever since he landed with the Saints in 2006, winning a storybook Super Bowl for New Orleans and making that offense a treat to watch every fall. He's an easy Hall of Fame selection and an icon under center. The class had its issues, too, with second-rounders Quincy Carter and Marques Tuiasosopo fading fast. Chris Weinke doesn't help, finishing with a 2-18 record as a starter, while A.J. Feely is remembered as a mere patch in Miami.
The Andersons filed a writ of summons against Ward Kratzer Trucking and Robert Wilkie in the Court of Common Pleas of Erie County, Pennsylvania on December 3, 1996 in order to protect Nationwide's subrogation rights against these parties. On January 28, 1997, Wallace Knox, Esq., counsel for Wilkie and Ward Kratzer Trucking, filed a Rule to File a Complaint in the case. Plaintiffs' counsel notified Nationwide that the Rule had been filed and offered it the opportunity to assume the prosecution of the case. Nationwide did not take any action in the matter. On March 4, 1997, Suzanne Anderson, through her attorney, Anthony J. Sciarrino, Esq., made a formal claim for uninsured motorist benefits pursuant to her Nationwide policy.[1] Mr. Sciarrino's letter provided in relevant part:
Ex. B to Pls.' Complaint at 1. By correspondence dated March 7, 1997, Nationwide advised counsel for Plaintiffs that the unknown vehicle "must have contact with *451 our insured's vehicle for an effective Uninsured Motorist Claim." Ex. C to Pls' Complaint. Plaintiffs replied through counsel that Nationwide's denial was not consistent with Pennsylvania law. On April 7, 1997, Nationwide reversed its previous position and informed Plaintiffs' counsel that it "recognize[d] the uninsured claim and the fact that you have preserved the statute."[2] Ex. D to Pls' Complaint. On June 16, 1997, through counsel, Plaintiffs made a demand for settlement of Suzanne Anderson's claim under the uninsured provisions of her policy. Nationwide made no offer under the uninsured motorist provisions. Plaintiffs, on numerous occasions and to no avail, thereafter requested that Nationwide arbitrate the claim.[3]
On September 25, 1997, Nationwide, through the claims person on the file, Odell Graves, wrote to Plaintiffs' counsel. In that letter (which in pertinent part is set forth below), Mr. Graves offered to settle Suzanne Anderson's claim under David Anderson's liability coverage for $3500 and advised Plaintiffs' counsel that it would be necessary to proceed with a declaratory action if he felt that his clients qualified for presentation of an uninsured motorist claim.[4] Plaintiffs continued to assert that they were pursuing an uninsured motorist claim and continued to request arbitration of the claim in accordance with their policy.
By correspondence dated October 9, 1997, Mr. Graves reiterated that he viewed Suzanne Anderson's claim as a bodily injury claim under the liability provisions of David Anderson's policy and concluded with the following: "[i]f you wish to pursue this matter as an uninsured motorist claim, you can proceed with a declaratory action, which we will respond accordingly." Ex. A to Pls' Motion for Partial Summary *452 Judgment. In response to this letter, the Andersons filed a Petition to Compel Uninsured Motorist Arbitration in the Court of Common Pleas of Erie County on October 16, 1997. Ex. P. of Nationwide's Exhibits. Plaintiffs also filed a Complaint against Ward Kratzer Trucking and Robert Wilkie around this time in the Court of Common Pleas, having exhausted a number of extensions their counsel obtained on the Rule to File a Complaint and having been unsuccessful in numerous attempts to have Nationwide assume the prosecution of the action. In this Complaint, Plaintiffs alleged that an unidentified tractor trailer caused the accident when it struck the Wilkie truck and caused it to move to the right. Ex. L of Nationwide's Exhibits at 7-8. On preliminary objections filed by the Defendants, the Complaint was dismissed with prejudice because no allegations of fault were made against Ward Kratzer Trucking or Wilkie. Exs. M and N of Nationwide's Exhibits.
The record reflects that Nationwide sought advice from its counsel on the viability of the Andersons' Petition to Compel Uninsured Motorist Arbitration and its prospect for successfully opposing it. By correspondence dated November 19, 1997, Craig Murphey, Esq. advised Odell Graves that the court was likely to grant the Petition. Mr. Murphey's letter provided in pertinent part that:
Letter of Craig Murphey, Esq. dated November 19, 1997, Nationwide Ex. O at 1. Mr. Murphey's opinion is consistent with the deposition testimony of Nationwide's corporate designee, Jack Lenwood Bowling, Jr., to the effect that it was Nationwide's policy and practice in January, 1995 to arbitrate issues of both fault and damages in uninsured motorist claims. Ex. J to Plaintiffs' Motion for Summary Judgment at 124. In his letter, Mr. Murphey also observed that the Andersons appeared to seek recovery solely under the uninsured motorist provisions and therefore would not be barred by the prohibition on recovering under both the liability and the uninsured motorist provisions for one accident. He also noted that the state court complaint filed on behalf of the Andersons attributed no fault to Ward Kratzer or Wilkie but did attribute fault to the unknown tractor trailer. In sum, Mr. Murphey stated:
Id. at 1-2. As reflected in Graves' claims log, Murphey ultimately refused to proceed with the defense of the Petition because he believed that Nationwide's position was meritless. Claims Log of November 25, 1997, Ex. E to Pls' Motion for Partial Summary Judgment. Graves reassigned the matter to Daniel Soom, Esq., an employee of Nationwide and one of its in-house counsel, who had agreed to proceed with the defense of the Petition. Id. Graves reviewed the Petition with Mr. Soom and noted in his claims log that Soom also expressed concerns regarding Nationwide's position and whether the company could ultimately prevail. Claims Log of January 7, 1998, Ex. F to Pls' Motion for Summary Judgment.
The Andersons also allege that Nationwide attempted to have David Anderson, their own insured, joined as a defendant in the state court action against Ward Kratzer Trucking and Wilkie. A claims log entry of November 12, 1997 indicates that Graves contacted Wallace Knox, Esq., counsel for Ward Kratzer, regarding the "naming of ph Anderson as additional defendent [sic], Nationwide will handle costs." Claims Log Entry of November 12, 1997, Ex. S to Plaintiffs' Motion for Summary Judgment at 2. When questioned about this entry, Graves said that he contacted Knox in order to determine whether Anderson had been joined as a defendant; he did not recall what the costs reference was about. Wallace Knox stated that his time records indicated that he had a telephone conversation with Graves on November 12, but he did not recall the substance of the conversation. Dep. of Wallace Knox, Esq., Nationwide Ex. CC at 15.
Summary judgment is proper "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R.Civ.P. 56(c). In order to withstand a motion for summary judgment, the non-moving party must "make a showing sufficient to establish the existence of [each] element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986). In evaluating whether the non-moving party has established each necessary element, the Court must grant all reasonable inferences from the evidence to the non-moving party. Knabe v. Boury Corp., 114 F.3d 407, 410, n. 4 (3d Cir. 1997) (citing Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S. Ct. 1348, 89 L. Ed. 2d 538 (1986)). "Where the record taken as a whole could not lead a reasonable trier of fact to find for the non-moving party, there is no `genuine issue for trial.'" Id. (quoting Matsushita, 475 U.S. at 587, 106 S.Ct. 1348).
Suzanne Anderson argues that Nationwide breached the insurance contract by refusing to arbitrate the issue of whether she was entitled to recover under the uninsured motorist coverage of her policy. Plaintiffs' Brief in Support of Motion for Partial Summary Judgment at 8. Nationwide asserts, citing Klinger v. State Farm Mutual Auto. Ins. Co., 895 F. Supp. 709 (M.D.Pa.1995), aff'd, 115 F.3d 230 (3d Cir. 1997), that it had no contractual duty to offer payment prior to the arbitration, and that it did not breach its duty to pay benefits because it ultimately paid Suzanne Anderson the $17,500 arrived at in the mediation. Nationwide further asserts that the release Suzanne Anderson signed bars her from asserting a contract claim. Defendants' Memorandum of Law in Support of Their Motion for Summary Judgment to Dismiss All Claims by Plaintiff Suzanne Anderson at 8-9. 041b061a72