Allstate Insurance v. Jussaume

35 F. Supp. 3d 231, 2014 WL 3843948, 2014 U.S. Dist. LEXIS 107095
CourtDistrict Court, D. Connecticut
DecidedAugust 5, 2014
DocketCivil No. 3:13cv294 (AWT)
StatusPublished
Cited by4 cases

This text of 35 F. Supp. 3d 231 (Allstate Insurance v. Jussaume) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allstate Insurance v. Jussaume, 35 F. Supp. 3d 231, 2014 WL 3843948, 2014 U.S. Dist. LEXIS 107095 (D. Conn. 2014).

Opinion

RULING ON MOTION FOR SUMMARY JUDGMENT

ALVIN W. THOMPSON, District Judge.

The plaintiff, Allstate Insurance Company (“Allstate”), filed this action seeking a [233]*233declaration that it owes no duty to defend or indemnify the defendant, Scott Juss-aume (“Jussaume”), in an underlying action filed against Jussaume and others in Connecticut Superior Court by Richard Blanchard (“Blanchard”) relating to an altercation between Blanchard, Jussaume, and others. Allstate has moved for summary judgment. For the reasons set forth below, Allstate’s motion is being granted.

I.FACTUAL BACKGROUND

Allstate issued a renter’s policy to Juss-aume covering the one year period beginning March 1, 2010 and ending March 1, 2011. During this covered period, on August 19, 2010, Jussaume was involved in an altercation at Thompson International Speedway (the “Speedway”) with Blanchard and several others. Blanchard claims that he suffered as a result of this altercation, inter alia, injuries to his head, face, chest, body, and shoulders. On May 9, 2012, Blanchard filed a complaint in Connecticut Superior Court seeking damages for the injuries he suffered at the Speedway, and he filed an amended complaint on July 24, 2012 (the “Blanchard Complaint”).

The Blanchard Complaint alleges twenty-one causes of action against fifteen defendants. The only counts pertinent to this action are the Eleventh Count and the Seventeenth Count. The Eleventh Count is captioned: “ELEVENTH COUNT: (RICHARD BLANCHARD v. SCOTT JUSSAUME) (Intentional Act)” and alleges:

1. On August 19, 2010, at approximately 9:30 p.m. the plaintiff, RICHARD BLANCHARD, a mini stock car driver, was packing his tools for the evening in the pit area and/or trailer area at Thompson International Speedway in Thompson Connecticut.
2. At the same time and place, the defendant, SCOTT JUSSAUME, was at the Thompson International Speedway pit area when he suddenly and without warning made contact with the plaintiff, thereby causing the plaintiff, RICHARD BLANCHARD to suffer the injuries and losses set forth more fully below.
3. The incident was caused by the intentional misconduct of the defendant, SCOTT JUSSAUME, in one or more of the following ways:
a. he kicked the plaintiff;
b. he struck the plaintiff with weapons; and/or
c. he punched the plaintiff.
4. As a result of the intentional misconduct of the defendant, SCOTT JUSS-AUME, the plaintiff, RICHARD BLANCHARD, suffered the following injuries, some or all of which may be permanent in nature:
a. Concussion;
b. Right elbow pain;
c. Multiple right elbow scars;
d. Facial contusions;
e. Brain injury;
f. Rib contusions;
g. Chest pain;
h. Head pain;
i. Nausea;
j. Memory loss;
k. Headaches;
l. Dizziness;
m. Vertigo;
n. Post-traumatic stress disorder;
o. Depression;
p. Sprain/strain of the lumbar area of his spine with associated pain and discomfort;
q. Right shoulder tear requiring surgical intervention with associated pain and discomfort;
[234]*234r. Right eye virteous detachment with associated pain and discomfort;
s. Left eye virteous detachment with associated pain and discomfort;
t. Right shoulder dislocation requiring surgical intervention with associated pain and discomfort; and
u. Pain and suffering, both mental and physical.
5. As a further result of the intentional misconduct of the defendant, SCOTT JUSSAUME, the plaintiff, RICHARD BLANCHARD, was forced to expend large sums of money for hospital and medical care, médieines, diagnostic tests and therapy, all necessary to his recovery, and may be forced to expend additional sums in the future.
6. As a further result of the intentional misconduct of the defendant, SCOTT JUSSAUME, the plaintiff, RICHARD BLANCHARD, was unable, and remains unable to participate in and enjoy his usual activities.

(Blanchard Complaint (Doc. No. 16-^4) (“Blanchard Complaint”), at 44-46.)

The Seventeenth Count is captioned: “SEVENTEENTH COUNT: (RICHARD BLANCHARD v. SCOTT JUSSAUME) (Negligent Contact)” and contains language that is substantially similar to language in the Eleventh Count. (Id. at 59.) However, the third paragraph of the Seventeenth Count reads: “The incident was caused by the negligence of the defendant, SCOTT JUSSAUME, in one or more of the following ways: a. he negligently contacted the plaintiff.” Additionally, every reference to “intentional misconduct” has been changed to “negligence”. (Id. at 59-61.) Otherwise, the two counts are identical.

Jussaume’s Allstate policy states, in pertinent part, that “Allstate will pay damages which an insured person becomes legally obligated to pay because of bodily injury or property damage arising from an occurrence to which this policy applies, and is covered by this part of the policy.” (Pl.’s Local Rule 56(a)l Statement (Doc. No. 16-1), at ¶ 16.) The policy defines “occurrence” as “an accident, including continuous or repeated exposure to substantially the same general harmful conditions, during the policy period, resulting in bodily injury or property damage.” (Id.) Additionally, the policy contains a number of exclusions, including a statement that Allstate

do[es] not cover any bodily injury or property damage intended by, or which may reasonably be expected to result from the intentional or criminal acts or omissions of, an insured person. This exclusion applies even if:
a) such bodily injury or property damage is of a different kind or degree than intended or reasonably expected; or
b) Such bodily injury or property damage is sustained by a different person than intended or reasonably expected.
This exclusion applies regardless of whether or not such insured person is actually charged with, or convicted of a crime.

(Id.)

II. LEGAL STANDARD

A motion for summary judgment may not be granted unless the court determines that there is no genuine issue of material fact to be tried and that the facts as to which there is no such issue warrant judgment for the moving party as a matter of law. Fed.R.Civ.P. 56(c). See Celotex Corp. v. Catrett, 477 U.S. 317, 822-23, 106 S.Ct.

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Bluebook (online)
35 F. Supp. 3d 231, 2014 WL 3843948, 2014 U.S. Dist. LEXIS 107095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-jussaume-ctd-2014.