Liberty Mutual Fire Insurance v. Holka

984 F. Supp. 2d 688, 2013 WL 5874560, 2013 U.S. Dist. LEXIS 155719
CourtDistrict Court, E.D. Michigan
DecidedOctober 30, 2013
DocketCase No. 12-13200
StatusPublished
Cited by6 cases

This text of 984 F. Supp. 2d 688 (Liberty Mutual Fire Insurance v. Holka) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Liberty Mutual Fire Insurance v. Holka, 984 F. Supp. 2d 688, 2013 WL 5874560, 2013 U.S. Dist. LEXIS 155719 (E.D. Mich. 2013).

Opinion

Order Granting in Part Plaintiffs’ Motions for Summary Judgment [35 & 36]

NANCY G. EDMUNDS, District Judge.

Currently before the Court are two motions for summary judgement. The Plaintiffs in this case, Liberty Mutual Fire Insurance Company (“LMF”) and Liberty Insurance Corporation (“Liberty”), are seeking declaratory relief regarding insurance policies issued to Defendants Malgorzata Holka, deceased, and her widower [691]*691James Holka.1 Specifically, Plaintiffs are seeking a determination that the policies issued to the Holkas do not cover the accident which caused the death of Mrs. Holka and which is the basis of an ongoing lawsuit in Ohio.

For the reasons stated below, the GRANTS IN PART Plaintiffs’ motions and finds that with regard to the Liberty Homeowners Policy, there is no insurance coverage for the accident. The Court further finds that with regard to the LMF Auto Policy, there is no liability coverage for the Ohio accident. As to the LMF Auto Policy’s no-fault PIP coverage, the Court DENIES LMF’s motion for summary judgment.

I. Facts

Liberty and LMF are related but independent insurance companies. Pis.’ Sec. Amd. Compl. 8. Liberty issued a homeowners insurance policy and LMF issued an automobile insurance policy to Malgorzata Holka, deceased, and her widower James Holka. Id. at 4, 6.

Mr. Holka lives, and Mrs. Holka lived, in Michigan. Id. at 3. The Holka’s Liberty and LMF insurance policies were issued in Michigan. Id. at 4, 6. While vacationing in Ohio, Mrs. Malgorzata was driving a rented moped on a public street. Id. at 9. Mrs. Malgorzata was involved in a head-on collision, wherein her moped crashed into a golf cart. Id. Mrs. Holka died as a result of the injuries suffered in the accident, and three of the four occupants of the golf cart were injured. Id. The accident is the subject of an ongoing lawsuit in Ohio. Id. at 10-11. LMF and Liberty are currently defending the Ohio action on Mr. Holka’s behalf. Id.

LMF and Liberty initiated this action, seeking declaratory relief to clarify their obligations under the insurance policies issued to the Holkas with regard to the Ohio accident and the resultant lawsuit.

The Liberty homeowners policy at issue states, in relevant part:

COVERAGE E — Personal Liability
If a claim is made or a suit is brought against an “insured” for damages because of “bodily injury” or “property damage” caused by an “occurrence” to which this coverage applies, we will:
1. Pay up to our limit of liability for the damages for which the “insured” is legally liable. Damages include prejudgment interest awarded against the “insured”; and
2. Provide a defense at our expense by counsel of our choice, even if the suit is groundless, false or fraudulent. We may investigate and settle any claim or suit that we decide is appropriate. Our duty to settle or defend ends when the amount we pay for damages resulting from the “occurrence” equals our limit of liability.
COVERAGE F — Medical Payments To Others

We will pay the necessary medical expenses that are incurred or medically ascertained within three years from the date of an accident causing “bodily injury.” Medical expenses means reasonable charges for medical, surgical, x-ray, dental, ambulance, hospital, professional nursing, prosthetic devices and funeral services. This coverage does not apply to you or regular residents of your household except “residence employees.” As to others, this coverage applies only:

[692]*6922.To a person off the “insured location,” if the “bodily injury”:
b. Is caused by the activities of an “insured”
SECTION II — EXCLUSIONS
1. Coverage E-Personal Liability and Coverage F-Medical Payments to Others do not apply to “bodily injury” or “property damage”:
F. Arising out of:
(1) The ownership, maintenance, use, loading or unloading of motor vehicles or all other motorized land conveyances, including trailers, owned or operated by or rented or loaned to an “insured”;
* * *
This exclusion does not apply to:
(1) A trailer not towed by or carried on a motorized land conveyance.
(2) A motorized land conveyance designed for recreational use off public roads, not subject to motor vehicle registration and:
(a) Not owned by an “insured”

Pis.’ Sec. Amd. Compl., Ex. C, Liberty Homeowners Policy, 23-24.

The liability portion of the LMF Automobile Policy states in relevant part:

INSURING AGREEMENT
A. We will pay damages for “bodily injury” or “property damage” for which any “insured” becomes legally responsible because of an auto accident. Damages include prejudgment interest awarded against the “insured.” We will settle or defend, as we consider appropriate, any claim or suit asking for these damages. In addition to our limit of liability, we will pay all defense costs we incur. Our duty to settle or defend ends when our limit of liability for this coverage has been exhausted. We have no duty to defend any suit or settle any claim for “bodily injury” or “property damage” not covered under this policy. B. “Insured” as used in this Part means:
1. You or any “family member” for the ownership, maintenance or use of any auto or “trailer.”
2. Any person using “your covered auto.”
3. For “your covered auto,” any person or organization but only with respect to legal responsibility for acts or omissions of a person for whom coverage is afforded under this Part.
4. For any auto or “trailer,” other than “your covered auto,” any other person or organization but only with respect to legal responsibility for acts or omissions of you or any “family member” for whom coverage is afforded under this Part. This provision (B.4.) applies only if the person or organization does not own or hire the auto or “trailer.”
EXCLUSIONS
B. We do not provide Liability Coverage for the ownership, maintenance or use of:
1. Any vehicle which:
a. Has fewer than four wheels; or
b. Is designed mainly for use off public roads.
This exclusion (B.l.) does not apply:
a. While such vehicle is being used by an “insured” in a medical emergency; or
b. To any “trailer.”
Automobile Amendatory Endorsement
I. DEFINITIONS
[693]*693A. The definition of Your Covered Auto is replaced with the following: “Your Covered Auto” means:
1.

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984 F. Supp. 2d 688, 2013 WL 5874560, 2013 U.S. Dist. LEXIS 155719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liberty-mutual-fire-insurance-v-holka-mied-2013.