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Phila. Indem. Ins. Co. v. Stebbins Five Cos.

United States District Court for the Northern District of Texas, Dallas Division

January 27, 2004, Decided ; January 27, 2004, Filed

Civil Action No. 3:02-CV-1279-M

Opinion

MEMORANDUM OPINION AND ORDER

Before the Court is the Motion for Summary Judgment of Philadelphia Indemnity Insurance Company ("Plaintiff"), the Motion for Partial Summary Judgment and Contractual Indemnification of Defendants Stebbins Five Companies, Ltd., Stebbins Five Management, Ltd., and Stebbins Aviation, Inc. (collectively "Stebbins"), and the Motion for Summary Judgment of Defendants Guadalupe Rivera, Janie Lopez, and Santiago Fonseca (collectively "Rivera"). For the reasons stated herein, Plaintiff's Motion is DENIED and Stebbins's and Rivera's Motions are GRANTED.

BACKGROUND

Plaintiff issued an insurance policy ("the Policy") to the Stebbins Five Companies, covering the period from October 22, 1997 to October 22, 1998. The [*3]  Policy lists in the Schedule of Named Insureds Stebbins Five Management and several long term care facilities, including Brentwood Place III ("Brentwood"). One of the Stebbins Five Companies, Stebbins Aviation, Inc., is a general partner of Brentwood.

The Policy has limits of $ 1,000,000 per occurrence and $ 3,000,000 in the aggregate. The Policy contains two separate insuring agreements, the Commercial General Liability ("CGL") agreement and the Long Term Care Facility Professional Liability ("Professional Liability") agreement.

The CGL agreement provides, in pertinent part:

1. Insuring Agreement

a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" . . . to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. . . .

b. This insurance applies to "bodily injury" . . . only if:

(i) The "bodily injury" . . . is caused by an "occurrence" . . .; and

(ii) The "bodily injury" . . . occurs during the policy period.

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2004 U.S. Dist. LEXIS 6374 *

THE PHILADELPHIA INDEMNITY INSURANCE COMPANY, Plaintiff, v. STEBBINS FIVE COMPANIES, et al., Defendants.

Prior History: Phila. Indem. Ins. Co. v. Stebbins Five Cos., Ltd., 2002 U.S. Dist. LEXIS 24582 (N.D. Tex., Dec. 20, 2002)

Disposition:  [*1]  Plaintiff's motion for summary judgment denied and Stebbins's and Rivera's motions for summary judgment granted.

CORE TERMS

punitive, coverage, Lawsuit, counterclaims, for-profit

Civil Procedure, Remedies, Damages, Punitive Damages, Torts, Types of Damages, Punitive Damages, General Overview, Negligence, Gross Negligence, Discovery, Methods of Discovery, Summary Judgment, Burdens of Proof, Entitlement as Matter of Law, Genuine Disputes, Materiality of Facts, Supporting Materials, Insurance Law, Claim, Contract & Practice Issues, Premiums, Policy Interpretation, Evidence, Commercial General Liability Insurance, Coverage, Business Insurance, Damages, Punitive Damages Exclusions, Bodily Injuries, Exclusions, Exclusions, Preliminary Considerations, Federal & State Interrelationships, Erie Doctrine, Governments, Courts, Judicial Precedent, Uninsured Motorists, Mandatory Coverage, Persons Insured