Nautilus Ins. Co. v. Motel Mgmt. Servs., Inc.

320 F. Supp. 3d 636
CourtDistrict Court, E.D. Pennsylvania
DecidedMay 24, 2018
DocketCIVIL ACTION NO. 17-4491
StatusPublished
Cited by10 cases

This text of 320 F. Supp. 3d 636 (Nautilus Ins. Co. v. Motel Mgmt. Servs., Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nautilus Ins. Co. v. Motel Mgmt. Servs., Inc., 320 F. Supp. 3d 636 (E.D. Pa. 2018).

Opinion

Savage, District Judge

Nautilus Insurance Company seeks a declaration that it has no duty to defend and indemnify its insured, Motel Management Services (MMS), in a pending state court action alleging MMS was negligent in failing to prevent human sex trafficking from occurring on its property.1 Moving for judgment on the pleadings, Nautilus argues that coverage is excluded by the assault and battery exclusion because the claim in the underlying action is for assault. It also argues that as a matter of public policy, it has no duty to defend or indemnify an insured for allegations of human trafficking.

After reviewing the policy and the plaintiff's complaint in the underlying action, we conclude that because the claims are for the negligent failure to prevent an assault or battery, they are not covered. Therefore, we shall grant Nautilus's motion and declare that it has no duty to defend and indemnify MMS.

The Underlying Action

Beginning in 2014, E.B., a minor female, alleges that she was "recruited, enticed, solicited, harbored and/or transported to engage in commercial sex acts" at a motel owned and operated by MMS.2 Traffickers advertised online that E.B.'s services were available at the motel.3 She alleges the traffickers took her to the motel and checked into a room where she was forced to engage in commercial sex acts.4 The motel employees consistently directed E.B. and the traffickers to the same room towards the back of the property each time.5 The room was always paid for in cash from the money E.B. earned from engaging in commercial sex activity.6

E.B. alleges she was "visibly treated in an aggressive manner" by her traffickers.7 Indeed, she claims she was held at gunpoint and threatened to engage in sex acts *639not only with her paying customers, but also with her traffickers.8 And while she was engaged in forced sexual activity, men and other minors entered and exited the room.9

E.B. claims that MMS facilitated her exploitation by knowingly permitting the traffickers' activity on its property.10 E.B. also contends that MMS failed to intervene or stop human sex trafficking, and to report the traffickers' illegal conduct to the authorities.11 She also claims that MMS financially profited from her being exploited for sex trafficking by renting motel rooms to her traffickers.12

E.B. brings claims for negligence, negligence per se , negligent infliction of emotional distress, and intentional infliction of emotional distress. As to the negligence per se claim, she avers that MMS's conduct violated Pennsylvania's Human Trafficking Law, 18 Pa. Cons. Stat. § 3001 et seq. , which criminalizes the recruitment, enticement, harboring or transporting of a minor for the purpose of the minor engaging in any commercial sex act.

At the time of the alleged sex trafficking incidents, MMS was covered by an insurance policy issued by Nautilus. We must decide whether Nautilus has a duty to defend and indemnify MMS in the state court action. In other words, we must determine whether any of the claims in the underlying complaint are potentially covered by the policy.

Standard of Review

The interpretation of an insurance contract is a question of law. Am. Auto. Ins. Co. v. Murray , 658 F.3d 311, 320 (3d Cir. 2011). Whether a claim is within a policy's coverage or is barred by an exclusion may be determined on a motion for judgment on the pleadings. Allstate Fire & Cas. Ins. Co. v. Hymes , 29 A.3d 1169, 1171 (Pa. Super. 2011). All the well-pleaded factual assertions in the underlying complaint against the insured are accepted as true. 5C Charles Alan Wright & Arthur R. Miller, Fed. Prac. & Proc. Civ. § 1368 (3d ed., Apr. 2016) (citing Allah v. Al-Hafeez , 226 F.3d 247, 249-50 (3d Cir. 2000) ). Applying these principles, we examine the insurance policy and the allegations in the underlying state court complaint.

Interpretation of Insurance Contracts

Where the insurer relies on a policy exclusion as the basis for denying coverage, it has the burden of proving that the exclusion applies. State Farm Fire & Cas. Co. v. Estate of Mehlman , 589 F.3d 105, 111 (3d Cir. 2009) ; Wolfe v. Ross , 115 A.3d 880, 884 (Pa. Super. 2015). Policy exclusions are strictly construed against the insurer and in favor of the insured. QBE Ins. Corp. v. Walters , 148 A.3d 785, 788 (Pa. Super. 2016) ; see also Mut. Benefit Ins. Co. v. Politsopoulos , 631 Pa. 628, 115 A.3d 844, 852 n.6 (2015) (citing Madison Constr. Co. v. Harleysville Mut. Ins. Co. , 557 Pa. 595, 735 A.2d 100, 106 (1999) ); Peters v. Nat'l Interstate Ins. Co. , 108 A.3d 38, 43 (Pa. Super. 2014).

Duty to Defend

An insurance carrier's duty to defend is distinct from its duty to indemnify. It is interpreted more broadly than the duty to indemnify. QBE Ins. Corp. , 148 A.3d at 788 (quoting *640Kvaerner Metals Div. of Kvaerner U.S., Inc.

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320 F. Supp. 3d 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nautilus-ins-co-v-motel-mgmt-servs-inc-paed-2018.