Underwriters Safety & Claims, Inc. v. Travelers Property Casualty Co. of America

152 F. Supp. 3d 933, 2016 U.S. Dist. LEXIS 7429, 2016 WL 297307
CourtDistrict Court, W.D. Kentucky
DecidedJanuary 22, 2016
DocketCIVIL ACTION NO. 3:15-CV-00183-CRS
StatusPublished
Cited by1 cases

This text of 152 F. Supp. 3d 933 (Underwriters Safety & Claims, Inc. v. Travelers Property Casualty Co. of America) is published on Counsel Stack Legal Research, covering District Court, W.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Underwriters Safety & Claims, Inc. v. Travelers Property Casualty Co. of America, 152 F. Supp. 3d 933, 2016 U.S. Dist. LEXIS 7429, 2016 WL 297307 (W.D. Ky. 2016).

Opinion

MEMORANDUM OPINION

Charles R. Simpson III, Senior Judge, United States District Court

The parties-move this Court to determine whether a tragic and fatal injury that occurred on Bellarmine University’s (“Bel-larmine”) campus during a men’s lacrosse practice was covered under Bellarmine’s insurance policies. The facts of the case are undisputed, but the parties differ in their interpretation of the insurance contracts’ scope.

Plaintiffs, Underwriters Safety and Claims, Inc. (“Underwriters”) and Fireman’s Fund Insurance Company (“FFIC”) (collectively, “Plaintiffs”), filed suit against Defendants, Travelers Property Casualty Company of America (“Travelers”) and The Cincinnati Insurance Company (“CIC”) (collectively, “Defendants”), for breach of contract arising from failure to defend and indemnify Bellarmine. Defendants now individually move for judgment on the pleadings and Plaintiffs move for partial summary judgment. ■

After considering the parties’ briefings and for the reasons stated below, the Court will grant Defendants’ motions for judgment on the pleadings and deny Plaintiffs’ motion for partial summary judgment.

BACKGROUND

The following facts are undisputed. Travelers issued Bellarmine a commercial general liability insurance policy (“Travelers Policy”), which was in effect from May 31, 2005, to May 81, 2006. While the Travelers Policy, covered enumerated bodily injuries, it included two endorsements— the Athletic Participants Exclusion Endorsement' and the Xtend Endorsement. These endorsements modified the policy. Notably, the Athletic Participants Exclusion Endorsement excluded. coverage for bodily injury “to any person engaged in athletic, exercise, or sports activities” sponsored by Bellarmine or conducted on the university’s premises. ECF No. 10-3.

CIC also issued Bellarmine an insurance policy including commercial umbrella liability coverage (“CIC Policy”). The CIC Policy included the Colleges or Schools Limitation Endorsement, which enumerated specific coverage exclusions that applied if the underlying insurance — the Travelers Policy — did . not provide coverage.

[935]*935In August 2005, Richard Passfíeld, a student at Bellarmine, underwent a medical screening as a prerequisite to participating on the university’s men’s lacrosse team. After the screening, a physician certified that Passfíeld did not suffer from a disqualifying medical condition.. Pass-fíeld then joined the men’s lacrosse team.

On October 31, 2005, Passfíeld was practicing or attending conditioning with the lacrosse team on Bellarmine’s campus. During this practice or conditioning session, Passfíeld “suffered a sudden medical emergency, collapsed, and died.” Pass-field Compl. ¶ 16, EOF No. 10-5.

Passfield’s Estate filed a wrongful death suit against Bellarmine. Travelers denied liability coverage, stating that the Travelers Policy did not cover the allegations in the lawsuit because the policy excluded bodily injury suffered during athletics, exercise, or sports activities under the Athletic Participants Exception. CIC also denied coverage based upon Travelers’ denial and other exclusions in the CIC Policy.

■Bellarmine settled the suit with Pass-field’s estate and the estate agreed to dismiss claims against the university. Bellar-mine subsequently brought suit against Underwriters in Jefferson County, Kentucky Circuit Court. The parties settled the action and Bellarmine assigned the right, title, and interest to Underwriters and FFIC to any claims against Travelers and CIC arising from refusals to provide coverage. FFIC provided liability insurance to Underwriters for the claims Bel-larmine asserted against the company.

STANDARD

Under Fed. R. Civ. Pro. 12(c), “After the pleadings are closed — but early enough not to delay trial — a party may move for judgment on the pleadings.” The Court reviews a Rule 12(c) motion under the same standard as a Rule 12(b)(6) motion. See Fritz v. Charter Twp. of Comstock, 592 F.3d 718, 722 (6th Cir.2010). Hence, the complaint must establish “sufficient factual matter, accepted as true, to state- a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)) (internal-quotations omitted). A claim is plausible if “the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). The Court will “construe the complaint in the light most favorable to the plaintiff.” La. Sch. Emps.’ Ret. Sys. v. Ernst & Young, LLP, 622 F.3d 471, 477 (6th Cir.2010).

When considering a Rule 12(c) motion for judgment on the pleadings, the Court may examine the complaint and its exhibits, as well as items'within the casé’s record, and blatters of public record. See Barany-Snyder v. Weiner, 539 F.3d 327, 332 (6th Cir.2008). “[T]he factual allegations in the complaint need to be sufficient to give notice to the defendant as to what claims are alleged, and the plaintiff must plead sufficient factual matter to render the legal claim plausible, i.e., more' than merely possible.” Hayward v. Cleveland Clinic Found., 759 F.3d 601, 608 (6th Cir.2014) (citations and quotations omitted).

DISCUSSION

The parties present the Court a narrow legal question: whether the Passfíéld Complaint against Bellarmine is within the scope of the university’s insurance contracts with Travelers or CIC. ■

The “interpretation of an insurance contract is a matter of law.” KSPED LLC v. Va. Sur. Co., 567 Fed.Appx., 377, 382 (6th Cir.2014) (quoting Westfield Ins. Co. v. Tech Dry, Inc., 336 F.3d 503, 507 [936]*936(6th Cir.2003)). “[A]n insurer has a duty to defend if there is any allegation which potentially, possibly or might come within the coverage terms of the insurance policy.” KSPED, 567 Fed.Appx. at 382 (quoting Aetna Gas. & Sur. Co. v. Com., 179 S.W.3d 830, 841 (Ky.2005)). This differs from the narrower duty to indemnify. KSPED, 567 Fed.Appx. at 382. The Court must determine at the outset of the litigation whether an insurer is required to defend an insured. Id. The insurer has a duty to defend its insured “if the language of an underlying complaint against the insured brings the action within the scope of the insurance contract.” Westfield, 336 F.3d at 507.

In interpreting insurance contracts, the Court liberally construes the policy in favor of coverage, but also strictly construes exclusions. See Gager v. Cincinnati Ins. Co., No.

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152 F. Supp. 3d 933, 2016 U.S. Dist. LEXIS 7429, 2016 WL 297307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/underwriters-safety-claims-inc-v-travelers-property-casualty-co-of-kywd-2016.