Safeco Insurance Company of America v. Golden et al

Filing 36

ORDER as follows: (1) By July 24, 2013, plaintiff Safeco Insurance Company of America is to explain, in writing, why it believes the sexual molestation exclusion applies to the instant case and what effect, if any, the definition of "insured&q uot; has in this case. (2) By July 31, 2013, defendant Jennifer Golden is to respond, in writing, to the plaintiff Safeco Insurance Company of America's brief. (3) Plaintiff Safeco Insurance Company of America has until August 5, 2013, to reply to defendant Golden's response, if it chooses to do so. Signed by Honorable Judge Myron H. Thompson on 7/17/2013. (jg, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

SAFECO INSURANCE COMPANY OF )
AMERICA,
)
)
Plaintiff,
)
)
v.
)
)
JENNIFER GOLDEN,
)
)
Defendant.
)

CIVIL ACTION NO.
3:12cv537-MHT
(WO)

ORDER
In the course of resolving the pending motions for
summary judgment, the court has noticed that plaintiff
Safeco Insurance invokes the exclusion provision for
“bodily

injury

or

property

damage...

arising

out

of

physical or mental abuse, sexual molestation or sexual
harassment,” Policy (Doc. No. 1-2) § 1-k at 7, but that
neither party discusses this provision in any detail.
The court has also noticed that neither party addresses
the significance, if any, of the policy’s definition of
the term “insured.”

Policy (Doc. No. 1-2) at § 3-g at

15.

As this provision and definition are seemingly

applicable, it is ORDERED as follows:
(1) By July 24, 2013, plaintiff Safeco Insurance
Company of America is to explain, in writing, why it
believes the sexual molestation exclusion applies to the
instant case and what effect, if any, the definition of
“insured” has in this case.
(2) By July 31, 2013, defendant Jennifer Golden is to
respond, in writing, to the plaintiff Safeco Insurance
Company of America’s brief.
(3) Plaintiff Safeco Insurance Company of America has
until August 5, 2013, to reply to defendant Golden’s
response, if it chooses to do so.
DONE, this the 17th day of July, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE