James River Ins. Co. v. Dalton-Whitfield Reg'l Solid Waste Mgmt. Auth.

James River Ins. Co. v. Dalton-Whitfield Reg'l Solid Waste Mgmt. Auth.

Opinion

ORDER

In this insurance action, [*2]  Plaintiff James River Insurance Company ("James River") seeks declaratory judgment that it has no duty to defend or indemnify Dalton-Whitfield Sold Waste Management Authority ("DWSWA") in connection with a lawsuit brought against DWSWA and other defendants for the pollution of waterways in North Georgia. Before the Court is Defendant DWSWA Motion for Judgment on the Pleadings [Doc. 30]. DWSWA asks the Court to (1) find as a matter of law that James River has a duty to defend it in the underlying lawsuit and (2) find that James River's request for declaratory judgment as to its duty to indemnify is premature and therefore subject to dismissal without prejudice. Because James River's policy does not unambiguously exclude coverage for all claims brought against DWSWA in the underlying lawsuit, James River has a duty to defend DWSWA. DWSWA's Motion for Judgment on the Pleadings [Doc. 30] is therefore GRANTED.

I. Background

A. The Parties and the Policy

Defendant Dalton-Whitfield Regional Solid Waste Management Authority ("DWSWA") is a Georgia municipal solid waste authority. (Complaint, Doc. 1 ¶ 3); see also Johnson v. 3M et al., 563 F. Supp. 3d 1253, 1273 (N.D. Ga. 2021) (explaining that DWSWA is "an 'enterprise fund' created by the City of Dalton and [*3]  Whitfield County to manage the solid waste needs of the City and County."). Plaintiff James River is an insurance company. (Compl. ¶ 2.)

In 2007, Defendant DWSWA obtained a general commercial liability insurance policy with James River. (Id. ¶ 52.) From 2007 through June 1, 2022, DWSWA maintained and continuously renewed its policy with Plaintiff James River. (Id. ¶ 67.) As relevant here, the policy in question excludes coverage for certain bodily injury and property damage "expected or intended" by the insured (the "Expected or Intended Injury Exclusion"). (Id. ¶ 68.) The Commercial General Liability Coverage Form in the policy includes, in the section entitled "BODILY INJURY AND PROPERTY DAMAGE LIABILTIY," the following exclusion:

2. Exclusions

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