American Alternative Insurance v. Metro Paramedic Services, Inc.

75 F. Supp. 3d 833, 2014 U.S. Dist. LEXIS 171841, 2014 WL 7055076
CourtDistrict Court, N.D. Illinois
DecidedDecember 12, 2014
DocketNo. 14 C 01235
StatusPublished
Cited by4 cases

This text of 75 F. Supp. 3d 833 (American Alternative Insurance v. Metro Paramedic Services, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Alternative Insurance v. Metro Paramedic Services, Inc., 75 F. Supp. 3d 833, 2014 U.S. Dist. LEXIS 171841, 2014 WL 7055076 (N.D. Ill. 2014).

Opinion

MEMORANDUM OPINION AND ORDER

JOHN J. THARP, Jr., United States District Judge

In this insurance coverage dispute, the plaintiff, American Alternative Insurance Corporation (“AAIC”) claims it owes no duty to defend or indemnify defendant Metro Paramedic Services, Inc. (“Metro”) in connection with a now-settled lawsuit against Metro and Antioch Rescue Squad (“ARS”) for sexual harassment and related torts. Metro argues that AAIC is bound to cover Metro and is in breach of contract for failing to do so. AAIC and Metro each move for judgment on the pleadings regarding AAIC’s duty to defend, and for the reasons explained below, AAIC’s motion is denied and Metro’s cross-motion is granted.

FACTS

In the underlying lawsuit, plaintiffs Voll-ing, Banser, and Soulak (the “claimants”) sued Metro and ARS for sexual harassment and discrimination, negligent supervision and retention, assault and battery, and. retaliation they experienced while serving on the Antioch Rescue Squad as joint employees of ARS and Metro. ARS had an insurance policy with AAIC that covered its defense costs in the Volling suit, but AAIC refused to defend Metro, denying that Metro was covered by ARS’s insurance policy with AAIC. Metro’s arguments for coverage depend on.it being either an “insured” or “additional insured” under the AAIC policy.

The Policy

The applicable liability insurance policy became effective December 31, 2007, for one year and was renewed for each of the next three years. See Compl. Ex. A-D, Dkt. ## 1-1-1-4. As relevant to this dispute, the policy consists of a Management Liability (ML) Coverage Form and a General Liability (GL) Coverage Form. There is also a Commercial Umbrella Liability Insurance policy that extends excess .coverage, see Compl. Ex. F-I, Dkt. ## 1-5-1-8, but the parties agree that claims for excess coverage are subject to the same terms, conditions, definitions, and exclusions as the primary policy. Therefore, references in this opinion are to “the policy.” Only the provisions relevant to the coverage arguments in this case are excerpted below.

A. What is Covered

The ML Coverage Form provides coverage for monetary damages incurred by the insured “arising out of an ‘employment practices’ offense ... or other ‘wrongful act’ to which this insurance applies.” ML Liability Coverage Form, Section I-A-l, Dkt. # 1-2 at 35.

Section VII of the ML Liability Coverage Form contains the following definitions:

[837]*837“Employment practices” means an actual or alleged improper employment related practice, policy, act or omission involving an actual, prospective, or former volunteer or employee, including ... (g) Failure to adopt adequate workplace or employment-related policies and procedures; (h) Harassment, including ‘sexual harassment.’ .
* * * * *
“Wrongful act” means any actual or alleged error, act, omission, misstatement, misleading statement, neglect or breaches or duty committed by you or on behalf of you in the performance of your operations, including misfeasance, malfeasance, or nonfeasance in the discharge of duties, individually or collectively that results directly but unexpectedly and unintentionally in damages to others.

Id. at Section VII-2, 7, 16, Dkt. # 1-2 at 46-47.

The GL Liability Coverage Form provides coverage for damages because of “bodily injury” that is caused by an “occurrence.” An “occurrence” is “an accident, including continuous or repeated exposure to substantially the same general harmful conditions.” GL Liability Coverage Form at Section V.16, Dkt. # 1-2 at 29. “Bodily injury” is defined as “bodily injury, sickness, or disease sustained by a person, including death resulting from any of these at any time.”

B. Who is Covered

Section III.2.d of the ML Coverage Form is a Blanket Additional Insured provision extending coverage to “[a]ny person or organization liable for [ARS’s] “ ‘employment practices’ offenses, offenses arising out of the ‘administration’ of [ARS’s] ‘employee benefit plans,’ or other “wrongful acts committed or alleged to have been committed by [ARS].”

■ Section II.2.f of the GL coverage form contains a Blanket Additional Insured provision with respect to its coverage for “bodily injury” and “property damage”; an additional insured is defined there as “any person or organization required to be an' additional insured under an ‘insured contract’ if agreed to by [ARS] prior to the ‘bodily injury’ [or] ‘property damage’... but only with respect to liability arising from [ARS’s] premises or operations.”

The ML Coverage Form, at Section III. I.b, also defines an insured to include the members and partners in “a partnership or joint venture” with ARS. The GL Coverage Form does the same at Section II.l.b. The policy does not define “partnership” or “joint venture.”

C. Limitations and Exclusions

Both the GL Coverage Form and the ML Coverage Form exclude coverage for “sexual abuse.” “Sexual Abuse” is defined as: “any actual, attempted, or alleged sexual conduct by a person, or by persons acting in concert, which causes injury. ‘Sexual abuse’ includes sexual molestation, sexual assault, sexual exploitation, or sexual injury, but does not include ‘sexual harassment.’ ” In' turn, the policy defines “sexual harassment” as:

“any actual, attempted, or alleged unwelcome sexual advances, requests .for sexual favors, or other conduct of a sexual nature by a person, or persons acting in concert, which causes injury,” including “(a) the above conduct when submission to or rejection of such conduct is made either explicity or implicitly a condition of a person’s employment, or a basis for employment decisions affecting a person; or (b) the above conduct when such conduct has the purpose or effect of unreasonably interfering with a person’s work performance or [838]*838creating an intimidating, hostile or offensive work environment.”

GL Policy, Section V-22, V-23, Dkt. # 1-2 at 31.

Coverage for “wrongful acts” under the ML Form, by definition, is limited to acts that “result directly but unexpectedly and unintentionally in damages to others,” thereby excluding acts as to which the damage was expected or intentional.

Procedural History

The underlying litigation commenced on July 21, 2011. The third amended complaint was filed on January 24, 2013. On December 6, 2013, Metro tendered its defense to AAIC for the Volling lawsuit. AAIC refused to accept the tender, denying coverage and refusing to defend or indemnify Metro. Metro litigated the underlying case to a settlement agreement with claimants Volling and' Soulak and stipulated to a dismissal with prejudice of claimant Banser’s claims against it. In the process, Metro incurred legal fees and expenses.

As the Court has previously summarized the claims in the underlying ease, Sharon Volling, Julie Banser, and April Soulak (the “claimants”), while members of the Antioch Rescue Squad, a private, non-profit provider of emergency medical and ambulance services in the Village of Antioch, Illinois, were subjected to sexual harassment (including offensive, even potentially criminal, physical contact), a hostile work environment, sex discrimination, and retaliation at the hands of co-workers and supervisors.

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Bluebook (online)
75 F. Supp. 3d 833, 2014 U.S. Dist. LEXIS 171841, 2014 WL 7055076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-alternative-insurance-v-metro-paramedic-services-inc-ilnd-2014.