Safety Mutual Casualty Corporation v. Clark County Nevada

Filing 58

Filed in error; corrected order forthcoming. ORDER Granting 39 Motion for Summary Judgment. Signed by Judge Philip M. Pro on 4/19/12. (Copies have been distributed pursuant to the NEF - ASB) Modified per chambers on 4/19/2012 (LMC).

1
2
3
4

UNITED STATES DISTRICT COURT
5

DISTRICT OF NEVADA
6

***
7
8

SAFETY MUTUAL CASUALTY
CORPORATION,
Plaintiff,

9
10

vs.

11

CLARK COUNTY NEVADA.,

12

Defendant.

)
)
)
)
)
)
)
)
)
)
)

2:10-CV-00426-PMP-PAL

ORDER

13
14

Before the Court for consideration is Plaintiff’s fully briefed Motion for

15

Summary Judgment (Doc. #39). Having considered the arguments presented on the papers

16

and at the hearing conducted April 17, 2012, the Court finds that Plaintiff’s Motion for

17

Summary Judgment (Doc. #39) must be granted.

18

The Parties are familiar with the facts of this case and they need not be restated

19

here. Specifically, the findings of permanent total disability rendered as to Fire Fighters

20

Michael Lucas on February 13, 2003, and Lloyd Johnson on April 24, 2003, on their

21

respective claims made in 2000, were not subject to coverage under Safety Mutual

22

Casualty’s Excess Insurance Policy because the claims advanced in 2000 did not arise from

23

an “occurrence” under the policy for occupational diseases during the coverage period

24

which ended in 1990.

25
26

The language of Safety Mutual’s Excess Workers Compensation Insurance
Policy issued to Clark County and effective for the relevant period June 30, 1989 to June

1

30, 1990, is unambiguous. Based upon the evidence and arguments submitted, the Court

2

finds no genuine issue of material fact remains.

3

DATED: April 19, 2012.

4
5
6

PHILIP M. PRO
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2