Transguard Ins. of Am. v. Bingo Moving, Inc.

Full title: Transguard Insurance of America, Inc. and American Van Lines…

Court: Superior Court of Delaware

Date published: Dec 4, 2024

C. A. S23C-12-011 MHC (Del. Super. Ct. Dec. 4, 2024)

Opinion

C. A. S23C-12-011 MHC

12-04-2024

Transguard Insurance of America, Inc. and American Van Lines, Inc.,Plaintiffs, v. Bingo Moving, Inc., Victor Custiuc, Hartford Fire Insurance Company and Maxum Indemnity CompanyDefendants.

David G. Culley, Esquire, Tybout, Redfearn & Pell, Attorney for Defendants' Bingo Moving, Inc. and Victor Custiuc. Arthur D. Kuhl, Esquire, Reger, Rizzo & Darnall, LLP, Brandywine Plaza East, Attorney for the Plaintiffs. Thaddeus J. Weaver, Esquire, Dilworth Paxson, LLP, Attorney for Defendants' Hartford Fire Ins., Co. And Maxum Indemnity Co.

Mark H. Conner, Judge.

Submitted: September 16, 2024.

Defendants' Motion to Dismiss - GRANTED.

David G. Culley, Esquire, Tybout, Redfearn & Pell, Attorney for Defendants' Bingo Moving, Inc. and Victor Custiuc.

Arthur D. Kuhl, Esquire, Reger, Rizzo & Darnall, LLP, Brandywine Plaza East, Attorney for the Plaintiffs.

Thaddeus J. Weaver, Esquire, Dilworth Paxson, LLP, Attorney for Defendants' Hartford Fire Ins., Co. And Maxum Indemnity Co.

ORDER

Mark H. Conner, Judge.

This 4^th day of December, 2024, upon consideration of the Defendants', Bingo Moving, Inc. and Victor Custiuc, Motion to Dismiss and briefs submitted by the parties, it appears to the Court that:

(1) The parties entered into a contract intending that all legal claims would be resolved through mandatory arbitration. The Court must take notice that the title of Section 13 of the contract reads "Mandatory Arbitration."

(2) Plaintiffs contend the word "if in Section 13 demonstrates that arbitration is not mandatory. This argument is not persuasive in reading the contract as a whole. Further, in reading the contract as a whole, Plaintiffs' other arguments are equally unavailing.

(3) If the Court found Section 13 was ambiguous, the result would be the same. The accepted contra proferentem principle dictates that "ambiguities in a contract should be construed against the drafter." Twin City Fire Ins. Co. v. Delaware Racing Association, 840 A.2d 624, 630 (Del. 2003). It is undisputed that American Van Lines drafted the subcontract. Additionally, "the public policy of this State favors the resolution of disputes through arbitration." Graham v. State Farm Mutual Insurance Company, 565 A.2d 908, 911 (Del. 1989).

(4) Since the Court finds the parties contracted to settle all legal claims by arbitration, the Court lacks subject matter jurisdiction. Therefore, the Court need not address the remainder of the Defendants' arguments. The Defendants' Motion to Dismiss is GRANTED.

IT IS SO ORDERED.