Not a Lexis Advance subscriber? Try it out for free.

Metro. Prop. & Cas. Ins. Co. v. Colmey

United States District Court for the Southern District of New York

November 20, 2019, Decided; November 20, 2019, Filed

18 CV 9259 (VB)

Opinion

OPINION AND ORDER

Briccetti, J.:

Plaintiff Metropolitan Property and Casualty Insurance Company brings this action against defendants Theresa Colmey, David Colmey (together, the "Colmeys"), and Tonya Anthony, individually and as mother and natural guardian of B.S., a minor, seeking declaratory relief pursuant to 28 U.S.C. § 2201.

Now pending is plaintiff's unopposed motion for judgment on the pleadings. (Doc. #23). Specifically, plaintiff seeks a declaration that it has no obligation to defend or indemnify the Colmeys in connection with an action brought by Anthony against the Colmeys in state court.1 [*2]  For the reasons set forth below, the motion is GRANTED.

The Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332.

BACKGROUND

I. The Anthony Action

In June 2018, Anthony, individually and on behalf of B.S., her minor daughter, commenced an action (the "Anthony action") against the Colmeys in New York Supreme Court, County of Putnam.2 The Anthony action states that on May 18, 2017, T.C., the Colmeys' minor son, drugged and sexually assaulted B.S. In October 2017, in connection with the assault, T.C. pleaded guilty to two violations of the New York Penal Laws: (i) felony sexual abuse in the first degree, in violation of Section 130.65(2); and (ii) misdemeanor sexual misconduct, in violation of Section 130.20(1).

The Anthony action contains one cause of action against the Colmeys, for negligent supervision of T.C. At bottom, the Anthony action contends the sexual assault of B.S. would not have occurred but for the Colmeys' failure to "properly or reasonably supervise" T.C. (Doc. #23-5 ¶ 17).

The Anthony action alleges B.S. suffered physical, psychological, and emotional injuries related to the assault. It also states Anthony has incurred, and will continue to incur, costs and expenses in treating B.S.'s injuries from the assault. [*3]  In all, the Anthony action seeks $1 million in damages from the Colmeys.

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

2019 U.S. Dist. LEXIS 202408 *; 2019 WL 6184262

METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff, v. THERESA COLMEY, DAVID COLMEY, TONYA ANTHONY, individually and as mother and natural guardian of B.S., a minor, Defendants.

CORE TERMS

coverage, indemnify, assault, intentional act, sexual assault, pleadings, insured, allegations, occurrence, negligent supervision, joint obligation, declaration, injuries, damages, argues