Centauri Specialty Ins. Co. v. Hansen
Centauri Specialty Ins. Co. v. Hansen
Opinion of the Court
Gray H. Miller, United States District Judge *798Pending before the court are (1) a motion for summary judgment filed by plaintiff Centauri Specialty Insurance Company ("Centauri") (Dkt. 12); and (2) a motion for leave to file a supplemental reply (Dkt. 17). Having considered the motion for summary judgment, response, reply, exhibits, and applicable law, the court is of the opinion that Centauri's motion for summary judgment (Dkt. 12) should be GRANTED with regard to the duty to defend and DENIED WITHOUT PREJUDICE with regard to the duty to indemnify. The motion for leave to file a supplemental reply (Dkt. 17) should be GRANTED.
I. BACKGROUND
A. Factual and Procedural Background
This is a dispute regarding insurance coverage. Centauri is seeking a declaration that it does not have a duty to defend or indemnify Zachary Hansen, Christine Hansen, or Daniel Hansen (collectively, "the Hansens") in an underlying state lawsuit ("underlying suit").
In the underlying suit, Caleb Del Real claims that the Hansens, among others, are responsible for his mental anguish, emotional pain, humiliation, and need for medical care. Id. ¶ 51. Del Real alleges that members of his swim team,
Del Real alleges that his coach, at the behest of Del Real's mother, spoke to the parents of all of the swimmers involved. Id. ¶ 42. These parents included Daniel Hansen and Christine Hansen, the parents of Zachary. Id. Del Real states a number of claims in his complaint, but he only names the Hansens in his negligence, gross negligence, defamation, and libel claims. Id. ¶¶ 47, 49-50. The Hansens generally deny all allegations made against them in the underlying suit. Dkt. 12-3 at 1.
The Hansens demanded that Centauri provide a defense and indemnify them against the claims made in the underlying suit. Dkt. 1 ¶ 10; Dkt. 2 ¶ 10. Centauri, while reserving all rights pending a judicial determination with respect to coverage, has agreed to provide a defense in the underlying suit. Dkt. 1 ¶ 11; Dkt. 2 ¶ 11.
*799In the instant suit, Centauri is seeking a declaration that it does not have a duty to defend or indemnify the Hansens in the underlying suit. Dkt. 1 at 6-7. Centauri filed a motion for summary judgment seeking a determination that the alleged conduct is not covered under the liability coverage portion of the Hansen's homeowners policy. Id. ¶ 7.
B. The Policy
The relevant section of the Hansens' Homeowners Form B policy from Centauri is Section II-Liability Coverage. Dkt. 12-3 at 9. Within that section is the following description of Coverage C (Personal Liability): "If a claim is made or a suit is brought against an insured for damages because of bodily injury or property damage caused by an occurrence to which this coverage applies, we will" indemnify the insured against damages and provide a defense to the suit. Id. Section II-Exclusions states, however, that Coverage C (Personal Liability) "does not apply to: b. bodily injury or property damage which is caused intentionally by or at the direction of the insured." Id.
The policy provides definitions for the bolded and underlined terms. The term "insured" means the "[policyholder] and residents of [the policyholder's] household who are: a. [policyholder's] relatives; or b. other persons under the age of 21 and in the care of any person named above." Id. at 1. "Bodily injury" is defined as "bodily harm, sickness or disease. This includes required care, loss of services and death that results." Id. Finally, an "occurrence" is "an accident, including exposure to conditions, which results in bodily injury or property damage during the policy period." Id.
II. LEGAL STANDARD
A court shall grant summary judgment when a "movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). "[A] fact is genuinely in dispute only if a reasonable jury could return a verdict for the nonmoving party." Fordoche, Inc. v. Texaco, Inc. ,
III. ANALYSIS
A. Duty to Defend
Under Texas law, courts follow the "eight corners" rule to determine whether an insurer has a duty to defend. Federated Mut. Ins. Co. v. Grapevine Excavation Inc. ,
*800
Centauri contends that there is no duty to defend the Hansens in the underlying suit because Del Real did not allege a covered bodily injury. Dkt. 12-1 at 4. The Hansens argue that by seeking damages for past and future medical care and expenses, Del Real did allege bodily injury, potentially bringing the injury within coverage. Dkt. 14 at 6. In support of their contention, the Hansens allege that "damages sought for medical care in the past and in the future naturally leads [sic] to the conclusion that there is a physical manifestation for which Del Real has sought and will continue to seek medical care."
A physical manifestation is required for an emotional injury to be covered under bodily injury as defined in the Centauri policy. See Evanston Ins. Co. v. Legacy of Life, Inc. ,
In that context, the court finds it impossible to agree with the Hansens' contention that Del Real's request for damages for medical care "naturally leads" to the conclusion that there is an unpleaded physical manifestation of his emotional injuries.
While the Hansens only argued that Del Real pleaded bodily injury by seeking damages for medical care, Centauri has a duty to defend if "any claim asserted in the pleading is potentially within the policy's coverage." Federated Mut. Ins. Co. ,
B. Duty to Indemnify
In Texas, an "insurer's duty to defend and duty to indemnify are distinct and separate duties." Farmers Tex. Cty. Mut. Ins. Co. v. Griffin ,
Here, the court decided that Centauri has no duty to defend the Hansens in the underlying suit because Del Real did not allege a bodily injury in his complaint. The question, then, is whether this fact negates any possibility that Centauri will ever have a duty to indemnify the Hansens. It does not. Typically, the duty to indemnify "cannot be adjudicated until there has been a judgment in the underlying suit because facts proven at trial may differ slightly from the allegations." Solstice Oil & Gas I, L.L.C. v. Seneca Ins. Co. ,
Centauri contends that because Del Real's claims arose from the Hansens' intentional acts, they were not, therefore, *802caused by a covered "occurrence," as defined by the policy. Dkt. 12-1 at 7. In response, the Hansens argue that Del Real also alleges conduct that was negligent, grossly negligent, and reckless. Dkt. 14 at 9. The Hansens contend that this conduct is inherently not intentional, and thus constitutes an "occurrence" under the policy. Id. at 8. The court finds it unnecessary to decide whether Del Real's claims constitute an "occurrence." The duty to defend was negated because Del Real failed to plead bodily injury in the underlying suit. This fact does not negate any possibility that Centauri will have a duty to indemnify the Hansens because additional facts may develop at trial. Therefore, the court finds that the issue is not justiciable until the underlying suit has been resolved.
Upon resolution of the underlying suit, the parties can move this court for a final determination on the issue of indemnity.
C. Motion for Leave to File a Supplemental Reply
Centauri moves for leave to file a supplemental reply, which includes Del Real's answers to interrogatories regarding Christine and Daniel Hansen. Dkt. 17-2. The Hansens failed to file a response. Pursuant to the Local Rules of the Southern District of Texas, "failure to respond is taken as a representation of no opposition." S.D. Tex. L.R. 7.4. Therefore, the motion is GRANTED.
However, Del Real's answers do not negate the duty to indemnify. The interrogatory requested that Del Real identify damages sustained as a result of Daniel and Christine Hansen's actions. Dkt. 17-2 at 2. Del Real's answers indicate that he suffered "intense mental and emotional pain and anguish" as a result of their conduct. Dkt. 17-2 at 2. Del Real does not mention bodily injury. These responses do not foreclose all possibility that facts will develop at trial showing that Del Real indeed suffered from a physical manifestation of his emotional injuries. Moreover, Del Real may supplement the responses prior to trial. In addition, Del Real's answers do not address his injuries stemming from Zachary's conduct. For these reasons, the court still finds it prudent to wait until the conclusion of the underlying suit to rule on indemnity.
IV. CONCLUSION
Centauri has no duty to defend the underlying suit. Centauri's duty to indemnify is not yet justiciable. Thus, Centauri's motion for summary judgment (Dkt. 12) is GRANTED with regard to the duty to defend and DENIED WITHOUT PREJUDICE with regard to the duty to indemnify. The motion for leave to file a supplemental reply (Dkt. 17) is GRANTED.
The case, Caleb del Real v. USA Swimming, Inc. , No. 17-07-08795, is currently pending in the 248th Judicial District Court of Montgomery County, Texas. Daniel, Christine, and Zachary are three of the thirty-five named defendants.
The complaint in the underlying suit refers to the members of the swim team collectively as "Swim Team Defendants." Dkt 12-2 ¶ 40.
Del Real is autistic.
The Hansens rely on a Wisconsin case, Towne Realty, Inc. v. Zurich Ins. Co. ,
Reference
- Full Case Name
- CENTAURI SPECIALTY INSURANCE COMPANY v. Daniel HANSEN
- Status
- Published