CourtListener 10287838•Transguard Insurance of America, Inc. v. Bingo Moving, Inc.
Transguard Insurance of America, Inc. v. Bingo Moving, Inc.
CourtListener 10287838Delsuperct4 de dez. de 2024
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
Transguard Insurance of America, Inc. )
and American Van Lines, Inc., )
)
Plaintiffs, )
) C.A. No. S23C-12-011 MHC
v. )
)
Bingo Moving, Inc., Victor Custiuc, )
Hartford Fire Insurance Company and )
Maxum Indemnity Company )
)
Defendants. )
)
ORDER
Submitted: September 16, 2024
Decided: December 4, 2024
Defendants’ Motion to Dismiss – GRANTED.
David G. Culley, Esquire, Tybout, Redfearn & Pell, 501 Carr Road, Suite 300,
Wilmington, DE 19809, Attorney for Defendants’ Bingo Moving, Inc. and Victor
Custiuc.
Arthur D. Kuhl, Esquire, Reger, Rizzo & Darnall, LLP, Brandywine Plaza East,
1523 Concord Pike, Suite 200, Wilmington, DE 19803, Attorney for the Plaintiffs.
Thaddeus J. Weaver, Esquire, Dilworth Paxson, LLP, 800 N. King Street, Suite
202, Wilmington, DE 19801, Attorney for Defendants’ Hartford Fire Ins., Co.
And Maxum Indemnity Co.
CONNER, J.
This 4th 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).
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(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.
/s/ Mark H. Conner
Mark H. Conner, Judge
Via File & Serve
oc: Prothonotary
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