Robinson v. Hudson Speciality Insurance Group

984 F. Supp. 2d 1199, 2013 WL 5739802, 2013 U.S. Dist. LEXIS 151403
CourtDistrict Court, S.D. Alabama
DecidedOctober 22, 2013
DocketCivil Action No. 13-00114-KD-M
StatusPublished

This text of 984 F. Supp. 2d 1199 (Robinson v. Hudson Speciality Insurance Group) is published on Counsel Stack Legal Research, covering District Court, S.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. Hudson Speciality Insurance Group, 984 F. Supp. 2d 1199, 2013 WL 5739802, 2013 U.S. Dist. LEXIS 151403 (S.D. Ala. 2013).

Opinion

ORDER

KRISTI K. DuBOSE, District Judge.

This matter is before the Court on Defendant Hudson’s Motion for Summary Judgment (Docs. 30-31), Plaintiffs Response (Does. 43-44), and Hudson’s Reply (Doc. 47); and Defendant Colony’s Motion for Summary Judgment (Docs. 38-39), Plaintiffs Response (Doc. 48), and Defendant’s Reply (Doc. 49).

I. Findings of Fact1 & Procedural Background

On the evening of November 8, 2009, Plaintiff Marcus Robinson (“Robinson”) joined a group of friends at a Mobile, Alabama nightclub called “Club Atlantis.” The night out, to celebrate a friend’s birthday, proved nearly fatal. While leaving Club Atlantis, two (2) unknown men shot Robinson twice with a .25 caliber gun and three times with a .38 caliber gun. Robinson survived, but was left with significant and permanent injuries to his abdomen, left ehesdung, left flank, and left arm. This case concerns the litigation which ensued.

Specifically, on October 19, 2011, Robinson filed suit in the Circuit Court of Mobile County, Alabama against Crown Theater, [1202]*1202Inc. (“Crown Theater”) (the entity which owns Club Atlantis) and other defendants, asserting claims for negligence, wantonness, negligent/wanton training, monitoring and supervision of employees, joint venture, breach of contract third-party beneficiary, and for violating Alabama’s Dram Shop Act (CV 2011-902312). (Doc. 39-1). Crown Theater notified its insurers (Hudson Specialty Insurance Group, Inc. (“Hudson”) and Colony Insurance Company, Inc. (“Colony”))2 and requested a defense and indemnity under its insurance policies for any judgment that might be rendered against it. The insurers denied coverage and refused to defend Crown Theater. On November 1, 2011, Hudson specifically denied coverage on the basis of an absolute assault/battery exclusion in its liquor liability policy with Crown Theater. (Doc. 30-1). The case was tried via bench trial and on September 18, 2012, judgment was rendered in favor of Crown Theater on Robinson’s claims for assault, battery and wantonness; and in favor of Robinson and against Crown Theater, for negligence and under the Alabama Dram Shop Act in the amount of $500,000. (Doc. 39-2).

On September 18, 2012, the underlying action for direct action/garnishment was initiated by Robinson against Hudson, Colony, and other fictitious defendants, in the Circuit Court of Mobile County, Alabama (CV-2013-900249). (Doe. 1-1). Filed pursuant to Ala. Code § 27-23-23 (1975), Robinson seeks garnishment and collection of the insurance money — that he asserts is owed to him under the relevant insurance policies — to satisfy the $500,000 judgment rendered by the state court against Crown Theater in CV 2011-902312. {Id. at 4). Robinson contends that the claims upon which judgment was rendered (negligence and the Alabama Dram Shop Act) are covered under the insurance policies issued to Crown Theater by Hudson and Colony. (Id. at 3).

Defendants Hudson and Colony removed the case to this Court on the basis of diversity.4 Presently, Hudson moves for summary judgment on the grounds that the assault and battery exclusion, in the liquor liability insurance policy issued to Crown Theater, is absolute and bars recovery by Robinson. Colony moves for summary judgment on the basis that the assault and battery, liquor, and weapons exclusions, in the general commercial liability policy it issued to Crown Theater, present a complete bar to Robinson’s coverage claims.

II. Conclusions of Law

“The court shall grant summary judgment if the movant shows that there is no [1203]*1203genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). Rule 56(c) provides as follows:

(1) Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:
(A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or
(B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.
(2) Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence.
(3) Materials Not Cited. The court need consider only the cited materials, but it may consider other materials in the record.
(4) Affidavits or Declarations. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.

Fed.R.CivP. Rule 56(c) (Dec. 2010).

The party seeking summary judgment bears “the initial burden to show the district court, by reference to materials on file, that there are no genuine issues of material fact that should be decided at trial.” Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir.1991). The party seeking summary judgment “always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,’ which it believes demonstrate the absence of a genuine issue of material fact.” Clark, 929 F.2d at 608.

Once the moving party has satisfied its responsibility, the burden shifts to the nonmovant to show the existence of a genuine issue of material fact. Id. “In reviewing whether the nonmoving party has met its burden, the court must stop short of weighing the evidence and making credibility determination of the truth of the matter. Instead, the evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor.” Tipton v. Bergrohr GMBH-Siegen, 965 F.2d 994, 999 (11th Cir.1992) (citing Anderson v. Liberty Lobby, 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)); Adickes v. S.H. Kress & Co., 398 U.S. 144, 158-159, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). However, “[a] moving party is entitled to summary judgment if the nonmoving party has ‘failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof.’ ” In re Walker,

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Cite This Page — Counsel Stack

Bluebook (online)
984 F. Supp. 2d 1199, 2013 WL 5739802, 2013 U.S. Dist. LEXIS 151403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-hudson-speciality-insurance-group-alsd-2013.