St. Paul Reinsurance Co. v. Ollie's Seafood Grille & Bar, LLC

242 F.R.D. 348, 2007 U.S. Dist. LEXIS 28100
CourtDistrict Court, D. South Carolina
DecidedJanuary 5, 2007
DocketC.A. No. 9:06-cv-1080-PMD
StatusPublished
Cited by8 cases

This text of 242 F.R.D. 348 (St. Paul Reinsurance Co. v. Ollie's Seafood Grille & Bar, LLC) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. Paul Reinsurance Co. v. Ollie's Seafood Grille & Bar, LLC, 242 F.R.D. 348, 2007 U.S. Dist. LEXIS 28100 (D.S.C. 2007).

Opinion

[349]*349 ORDER

DUFFY, District Judge.

This matter is before the court on Plaintiff St. Paul Reinsurance Company Limited’s (“St.Paul”) Motion for Summary Judgment. For the following reasons, St. Paul’s Motion is granted.

I. BACKGROUND

Defendant Christine B. Goodman owned Ollie’s By the Bay, at 822 Bay Street, Beaufort, South Carolina through the limited liability company, Ollie’s Seafood & Grille, LLC.1 On September 21, 2001, Goodman purchased an insurance policy (the “Policy”) from St. Paul Reinsurance Company. The Policy included a Commercial General Liability Policy and a separate Liquor Liability Coverage Part.

On June 9, 2005, a lawsuit entitled Joseph J. Riviello, Plaintiff v. Hason Diggins, Richard Derleth, Ollie’s Seafood Grille and Bar, LLC, Ollie’s By the Bay and Christine B. Goodman, Defendants (“underlying lawsuit”) was filed in the Court of Common Pleas for Beaufort County. The facts as alleged in the underlying lawsuit are summarized as follows: on or about June 15, 2002, Joseph Riviello, an United States Marine under the age of twenty-one, visited Ollie’s By the Bay as an invitee and consumed alcoholic beverages on the premises. Also present at that time were Jason Diggins and Richard Der-leth, who were also invitees and consuming alcoholic beverages. As these and other patrons were exiting Ollie’s By the Bay, it is alleged that Jason Diggins and Richard Der-leth provoked the altercation and assaulted Riviello. As a result of the altercation, Riv-iello sustained serious knife injuries, allegedly at the hands of Diggins and Derleth.

As a first cause of action, the underlying lawsuit asserts a claim for assault and battery against Diggins and Derleth. The second cause of action is brought only against the Ollie’s Defendants, and alleges that Riv-iello suffered personal injuries as a result of the Ollie’s Defendants’ negligent or reckless (a) breach of duty to provide a safe and controlled environment for the entertainment of invitees; (b) breach of duty to prevent the sale of alcohol to a person in an intoxicated condition; (e) breach of duty to prevent the sale of alcohol to minors; and (d) breach of the duty to protect against the foreseeable criminal acts of third parties. According to the Complaint, Riviello seeks to recover for all injuries he sustained as a direct or proximate result of the assault and battery. (Underlying Lawsuit Complaint 1126.)

The Ollie’s Defendants tendered the defense of the underlying lawsuit to St. Paul. St. Paul is providing the defense of this action under a reservation of rights. On April 6, 2006, St. Paul instituted the present declaratory judgment action, seeking a declaration that under the terms of the Policy, St. Paul has no duty to defend or indemnify the Ollie’s Defendants. St. Paul has now moved for summary judgment. The Ollie’s Defendants and Defendant Riviello have responded, arguing that a genuine issue of material fact exists as to whether the Policy covers the defense and indemnification of the underlying lawsuit. Defendant Riviello also argues that discovery is incomplete such that consideration of the Motion for Summary Judgment is premature at this time.

II. STANDARD OF REVIEW

A. Legal Standard for Summary Judgment

To grant a motion for summary judgment, the court must find that “there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The judge is not to weigh the evidence but rather to determine if there is a genuine issue for trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). All evidence should be viewed in the light most favorable to the non-moving party. See Perini Corp. v. Perini Constr., Inc., 915 F.2d 121, 123-24 (4th Cir.1990). “[Wjhere the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, disposition by summary [350]*350judgment is appropriate.” Teamsters Joint Council No. 83 v. Centra, Inc., 947 F.2d 115, 119 (4th Cir.1991). “[T]he plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Summary judgment is not “a disfavored procedural shortcut,” but an important mechanism for weeding out “claims and defenses [that] have no factual bases.” Celotex, 477 U.S. at 327, 106 S.Ct. 2548.

B. Legal Standard for Construction of Insurance Policies

Under the law of South Carolina, insurance policies are subject to the general rules of contract construction. B.L.G. Enterprises, Inc. v. First Financial Ins. Co., 334 S.C. 529, 514 S.E.2d 327 (1999). The court must give policy language its plain, ordinary, and popular meaning. Id. When a contract is unambiguous, clear, and explicit, it must be construed according to the terms the parties have used. Id.; see Auto-Owners Ins. Co. v. Carl Brazell Builders, Inc., 356 S.C. 156, 162-163, 588 S.E.2d 112, 115 (S.C.2003). This court must enforce, not write, contracts of insurance and must give policy language its plain, ordinary, and popular meaning. Id. An insurer’s obligation under a policy of insurance is defined by the terms of the policy itself and cannot be enlarged by judicial construction. South Carolina Ins. Co. v. White, 301 S.C. 133, 390 S.E.2d 471 (Ct.App.1990).

It is true that a policy clause extending coverage has to be liberally construed in favor of coverage. Torrington Co. v. Aetna Cas. and Sur. Co., 264 S.C. 636, 216 S.E.2d 547 (1975). Insurance policy exclusions are construed most strongly against the insurance company, which also bears the burden of establishing the exclusion’s applicability. Owners Ins. Co. v. Clayton, 364 S.C. 555, 560, 614 S.E.2d 611, 614 (S.C.2005); Boggs v. Aetna Cas. and Sur. Co., 272 S.C. 460, 252 S.E.2d 565 (1979). However, if the intention of the parties is clear, courts have no authority to torture the meaning of policy language to extend coverage that was never intended by the parties. Sphere Drake Ins. Co. v. Litchfield,

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242 F.R.D. 348, 2007 U.S. Dist. LEXIS 28100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-paul-reinsurance-co-v-ollies-seafood-grille-bar-llc-scd-2007.