Metropolitan Cas. Ins. v. Donnelly

158 F. Supp. 3d 734, 2016 U.S. Dist. LEXIS 13848, 2016 WL 402353
CourtDistrict Court, S.D. Illinois
DecidedFebruary 1, 2016
DocketCase No. 15-cv-0328-MJR-PMF
StatusPublished
Cited by1 cases

This text of 158 F. Supp. 3d 734 (Metropolitan Cas. Ins. v. Donnelly) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Metropolitan Cas. Ins. v. Donnelly, 158 F. Supp. 3d 734, 2016 U.S. Dist. LEXIS 13848, 2016 WL 402353 (S.D. Ill. 2016).

Opinion

[736]*736 MEMORANDUM & ORDER

REAGAN, Chief Judge:

A. Introduction and Procedural History

On March 25, 2015, Plaintiff Metropolitan Casualty Insurance Company (“Metropolitan”) filed a complaint for declaratory judgment1 against Defendants James M. Donnelly (“Mr.Donnelly”), Gloria F. Don-nelly (“Ms. Donnelly”, collectively the “Donnellys”), Jane Doe (a minor, by an through her mother and next friend, Mary Doe), and Mary Doe (Doc. 1 at 1). According to Plaintiffs second amended and currently operative complaint (Doc. 27), Mr. Donnelly pled guilty on December 9, 2014, to predatory criminal sexual assault of an individual under the age of 13, specifically his step great-granddaughter, Jane Doe (Id. at 5; see Illinois v. James Don-nelly, 14-CF-15).

On March 5, 2015, Jane Doe and Mary Doe, filed a complaint against the Donnellys, Jane Doe et al. v. James Donnelly et al., Case No. 15-L-289, which has been amended twice, most recently on June 3, 2015 (the “state complaint”) (Doc. 27 at 3). The state complaint alleges sexual abuse (of Jane Doe) and intentional infliction of emotional distress (of Mary Doe) by Mr. Donnelly, and negligent supervision by Ms. Donnelly (Doc. 27 at 3-5; Doc. 27-1). The remaining counts (IV through VII) against the Donnellys relate to alleged fraudulent transfers between the Donnellys (Doc. 27 at 6; Doc. 27-1).

Metropolitan seeks a declaratory judgment from this Court that the language of the two policies (Docs, 1-2 and 1-3) issued to the Donnellys do not provide a duty to defend or indemnify the Donnellys (Doc. 27 at 1-2; 6-14). On July 28, 2015, Metropolitan filed its motion for summary judgment (Doc. 30). Jane Doe and Mary Doe filed a response to the Plaintiffs motion (Doc, 31), in which they agree with the Plaintiffs position as to all but Count III (negligent supervision by Ms. Donnelly), but argue that, because Count III is a claim within or potentially within the coverage of the action, Plaintiff has a duty to defend (Id.). On November 2, 2015, Ms. Donnelly filed a motion for summary judgment, mirroring much of Jane and Mary Doe’s argument, to which the Plaintiff responded (Doc, 33). All motions ripe, the Court begins with a brief discussion of the legal standards.

B. Legal Standards

1. Summary Judgment

Rule 56 of the Federal Rules of Civil Procedure governs summary judgment motions. The rule states that summary judgment is appropriate only if the admissible evidence considered as a whole shows there is no genuine issue as to any material fact and the movant is entitled judgment as a matter of law. Archdiocese of Milwaukee v. Doe, 743 F.3d 1101, 1105 (7th Cir.2014), citing Fed. R. Civ. P. 56(a). The party seeking summary judgment bears the initial burden of demonstrating — based on the pleadings, affidavits and/or information obtained via discovery — the lack of any genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A genuine issue of material fact remains “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Nat’l Am. Ins. Co. v. Artisan & Truckers Cas. Co, 796 F.3d 717, 723 (7th Cir.2015), quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Accord Bunn v. Khoury Enterpr., Inc., 753 F.3d 676 (7th Cir.2014).

[737]*737In assessing a summary judgment motion, the district court'views the facts in the light most favorable to, and draws all reasonable inferences in favor of, the non-moving party. Hooper v. Proctor Health Care Inc., 804 F.3d 846, 849 (7th Cir.2015); Woods v. City of Berwyn, 803 F.3d 865, 866 (7th Cir.2015); Malin v. Hospira, Inc., 762 F.3d 552, 554 (7th Cir.2014). See also Spaine v. Community Contacts, Inc., 756 F.3d 542 (7th Cir.2014) (“we set forth the facts by examining the evidence in the light reasonably most favorable to the non-moving party, giving [the non-mov-ant] the benefit of reasonable, favorable inferences and resolving conflicts in the evidence in [the non-movant’s] favor.”)

Little changes when cross-motions for summary judgments are' involved. United States v. P.H. Glatfelter Co., 768 F.3d 662, 668 (7th Cir.2014); Laskin v. Siegel, 728 F.3d 731, 734 (7th Cir.2013). With cross-motions for summary judgment, the Court looks “to the burden of proof that each party would bear on an issue of trial” and will “require that party to go beyond the pleadings and affirmatively to establish a genuine issue of material fact.” Diaz v. Prudential Ins. Co. of America, 499 F.3d 640, 643 (7th Cir.2007), citing Santaella v. Metropolitan Life Ins. Co., 123 F.3d 456, 461 (7th Cir.1997).

2. Insurance Policies Generally

The parties agree that the insurance coverage at issue should be interpreted under Illinois law. Where Illinois law governs, the interpretation of an insurance policy is a question of law that can be properly decided via summary judgment. Nationwide Ins. Co. v. Central Laborers’ Pension Fund, 704 F.3d 522, 525 (7th Cir.2013); Crum & Forster Managers Corp. v. Resolution Trust Corp., 156 Ill.2d 384, 189 Ill.Dec. 756, 620 N.E.2d 1073, 1077 (1993). An insurance policy is ultimately a contract, and the general rules about contract interpretation apply when a court interprets an insurance policy. Netherlands Ins. Co. v. Phusion Projects, Inc., 737 F.3d 1174, 1177 (7th Cir.2013); Clarendon National Ins. Co., 645 F.3d 928, 933 (7th Cir.2011); Founders Ins. Co. v. Munoz, 237 Ill.2d 424, 341 Ill.Dec. 485, 930 N.E.2d 999, 1003 (2010). Any interpretation by the Court must attempt to give effect, to the parties’ intentions as expressed by the policy, giving “due regard to the risk undertaken, the subject matter that is insured, and the purposes of the entire contract.” Schuchman v. State Auto Property and Cas. Ins. Co., 733 F.3d 231, 238 (7th Cir.2013). See also Pekin Ins. Co. v. Wilson, 237 Ill.2d 446, 341 Ill.Dec. 497, 930 N.E.2d 1011, 1017 (2010). Unambiguous language will be construed according to its plain meaning, unless doing so would contravene public policy. Clarendon, 645 F.3d at 933; Founders, 341 Ill.Dec. 485, 930 N.E.2d at 1004.

3. Duty to Defend

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158 F. Supp. 3d 734, 2016 U.S. Dist. LEXIS 13848, 2016 WL 402353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-cas-ins-v-donnelly-ilsd-2016.