Secura Supreme Insurance Company v. Lerrick, M.D.

CourtDistrict Court, N.D. New York
DecidedMay 9, 2025
Docket3:24-cv-00547
StatusUnknown

This text of Secura Supreme Insurance Company v. Lerrick, M.D. (Secura Supreme Insurance Company v. Lerrick, M.D.) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Secura Supreme Insurance Company v. Lerrick, M.D., (N.D.N.Y. 2025).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ____________________________________________

SECURA SUPREME INSURANCE COMPANY,

Plaintiff,

v. 3:24-CV-0547 (GTS/TWD) ANDREW JAMES LERRICK, M.D.; and TRINA M. FINCH,

Defendants. _____________________________________________

ANDREW JAMES LERRICK, M.D.

Counter-Claimant,

v.

Counter-Defendant.

APPEARANCES: OF COUNSEL:

FREEMAN MATHIS & GARY, LLP DANIELLE RUDKIN, ESQ. Counsel for Plaintiff /Counter-Defendant 5 Penn Plaza, 23rd Floor New York, NY 10001

DUKE HOLZMAN PHOTIADIS & RITTER LLP CHARLES C. RITTER, JR., ESQ. Counsel for Defendant/Counter-Claimant Lerrick NICHOLE KRAMER JOERG, ESQ. 701 Seneca Street, Suite 750 Buffalo, NY 14210

LAFAVE, WEIN & FRAMENT, PLLC AMINA KARIC, ESQ. Counsel for Defendant Finch 1 Wall Street Albany, NY 12205

GLENN T. SUDDABY, United States District Judge DECISION and ORDER Currently before the Court, in this declaratory judgment action filed by Secura Supreme Insurance Company (“Secura” or “Plaintiff”) against Dr. Andrew James Lerrick and Trina M. Finch (“Defendants”), are the following motions: (1) Plaintiff’s motion for judgment on the

pleadings pursuant to Fed. R. Civ. P. 12(c); and (2) Defendant Lerrick’s cross-motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c). (Dkt. Nos. 22, 25.) For the reasons set forth below, Plaintiff’s motion is granted, and Defendant Lerrick’s cross-motion is denied. I. RELEVANT BACKGROUND A. Plaintiff’s Complaint Generally, in its Complaint, Plaintiff asserts two claims: (1) that it has no duty to defend Defendant Lerrick in an underlying lawsuit brought against him by Defendant Finch for a sexual assault he allegedly perpetrated against her during a medical examination while he was practicing as a physician because various exceptions in his Homeowner’s Policy (“Policy”) preclude coverage for the alleged acts; and (2) that it has no duty to indemnify Defendant Lerrick

related to that underlying action because Defendant Lerrick could not be held liable under any theory that could potentially fall within the scope of coverage of the Policy. (Dkt. No. 1.) Plaintiff seeks declaratory judgment that it has no duty to defend or indemnify Defendant Lerrick in the underlying action. (Id.) B. Defendant Lerrick’s Counterclaims In response to Plaintiff’s Complaint, Defendant Lerrick asserts a counterclaim for breach of contract, specifically that Plaintiff has breached its obligations under the Policy by failing or refusing to defend and indemnify him in the underlying action as required. (Dkt. No. 14, at ¶¶

2 42-51.) Defendant Lerrick seeks declaratory judgment and injunctive relief requiring Plaintiff to defend and indemnify him in the underlying action. (Id.) C. Parties’ Briefing on Plaintiff’s Motion and Defendant Lerrick’s Cross- Motion

1. Plaintiff’s Memorandum of Law Generally, in its motion for judgment on the pleadings, Plaintiff makes two arguments. (Dkt. No. 22, Attach. 1.) First, Plaintiff argues that, as a procedural matter, Illinois law should govern this dispute because that is where the property insured by the Policy is located, and where the Policy was issued. (Id. at 7-8.) Second, Plaintiff argues that the actions of Defendant Lerrick as alleged in the underlying lawsuit are not covered by the Policy because exclusions related to sexual molestation, professional services, and business activity apply to that conduct. (Id. at 8-12.) 2. Defendant Lerrick’s Cross-Motion and Opposition Generally, in his cross-motion and opposition to Plaintiff’s motion, Defendant Lerrick makes two arguments. (Dkt. No. 25.) First, Defendant Lerrick argues that Plaintiff’s motion cannot be granted because there are numerous issues of fact that would impact the legal determination Plaintiff requests regarding coverage, including whether the conduct he engaged in was intentional, whether it occurred at a place of business, and whether it occurred in the course of his profession. (Id. at 8-9.)

Second, Defendant Lerrick acknowledges that Illinois law should be applied here when interpreting the Policy, but argues that relevant language in both the Policy and the Umbrella Policy are, at the very least, ambiguous regarding whether the conduct involved here is covered

3 by either policy, and that all ambiguities must be resolved in his favor on this motion under Illinois law. (Id. at 9-12.) 3. Plaintiff’s Reply Memorandum of Law Generally, in response to Defendant Lerrick’s cross-motion and reply to his opposition to

Plaintiff’s motion, Plaintiff makes two arguments. (Dkt. No. 28.) First, Plaintiff argues that, contrary to Defendant Lerrick’s reliance on unresolved factual issues, the duty to defend is based on a comparison of the policy with the allegations in the underlying complaint, not a factfinder’s actual later resolution of factual issues, and the complaint in the underlying action here does not suggest any facts that would be covered by the Policy. (Id. at 4-6.) Second, Plaintiff argues that Defendant Lerrick’s assertion that portions of the Policy provisions are ambiguous is of no merit because (a) the provisions he highlights are not relevant to the issue here, and (b) regardless of any ambiguity in a single provision, the alleged conduct is still not covered by the Policy under other exclusions or provisions. (Id. at 6-7.) II. GOVERNING LEGAL STANDARD

“The standard for granting a Rule 12(c) motion for judgment on the pleadings is identical to that for granting a Rule 12(b)(6) motion for failure to state a claim.” Lynch v. City of New York, 952 F.3d 67, 75 (2d Cir. 2020) (quoting Patel v. Contemporary Classics, 259 F.3d 123, 126 [2d Cir. 2001]). It has long been understood that a dismissal for failure to state a claim upon which relief can be granted, pursuant to Fed. R. Civ. P. 12(b)(6), can be based on one or both of two grounds: (1) a challenge to the “sufficiency of the pleading” under Fed. R. Civ. P. 8(a)(2); or (2) a challenge to the legal cognizability of the claim. Jackson v. Onondaga Cty., 549 F.

4 Supp.2d 204, 211 nn. 15-16 (N.D.N.Y. 2008) (McAvoy, J.) (adopting Report-Recommendation on de novo review). Because such dismissals are often based on the first ground, some elaboration regarding that ground is appropriate. Rule 8(a)(2) of the Federal Rules of Civil Procedure requires that a

pleading contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) [emphasis added]. In the Court’s view, this tension between permitting a “short and plain statement” and requiring that the statement “show[]” an entitlement to relief is often at the heart of misunderstandings that occur regarding the pleading standard established by Fed. R. Civ. P. 8(a)(2). On the one hand, the Supreme Court has long characterized the “short and plain” pleading standard under Fed. R. Civ. P.

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