Federal Insurance Company et al v. Weinstein

Filing 145

MEMO ENDORSEMENT on PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGEMENT terminating 88 Motion for Summary Judgment. ENDORSEMENT: The motion is stayed pending the bankruptcy matter in the district of Delaware. SO ORDERED. (Signed by Judge Paul A. Crotty on 5/27/2020) (ks)

Case 1:18-cv-02526-PAC Document 145 Filed 07/31/18 Page 1 of 5
Case 1:18-cv-02526-PAC Document 88 Filed 05/27/20 Page 1 of 5

WALKER WILCOX MATOUSEK LLP
Edward P. Gibbons
Joyce F. Noyes
One North Franklin Street, Suite 3200
Chicago, Illinois 60606

5-27-2020
The motion is stayed
pending the bankruptcy
matter in the district of
Delaware. SO
ORDERED.

CLYDE & CO US LLP
Paul R. Koepff
Harris R. Wiener
The Chrysler Building
405 Lexington Avenue
New York, New York 10174
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
FEDERAL INSURANCE COMPANY, et al.
Plaintiffs,
-againstHARVEY WEINSTEIN,
Defendant.
HARVEY WEINSTEIN,

1:18-cv-02526-PAC (RWLx)
Counterclaimant,

-againstFEDERAL INSURANCE COMPANY, et al.
Counter-Defendants.

PLAINTIFFS’ MOTION FOR
PARTIAL SUMMARY
JUDGMENT

HARVEY WEINSTEIN,
Third-Party Plaintiff,
-againstNATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA, et al.
Third-Party Defendants.
NOW COMES Plaintiffs and Counter-Defendants, Federal Insurance Company, Chubb
Indemnity Insurance Company, Pacific Indemnity Company and Great Northern Insurance
Company (“Chubb”), by and through their attorneys, CLYDE & CO US LLP and WALKER
WILCOX MATOUSEK LLP, pursuant to Federal Rule of Civil Procedure 56 and Local Civil Rule

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Case 1:18-cv-02526-PAC Document 145 Filed 07/31/18 Page 2 of 5
Case 1:18-cv-02526-PAC Document 88 Filed 05/27/20 Page 2 of 5

7.1, and for their Motion for Partial Summary Judgment seeking a declaration that Chubb has no
duty to defend the Defendant Harvey Weinstein (“Weinstein”) with respect to various underlying
lawsuits and claims under various homeowner’s insurance policies, state as follows:
1.

This is an insurance coverage action in which Chubb seeks a declaration that they

have no duty to defend or indemnify Weinstein for 18 underlying civil and criminal lawsuits and/or
claims (“Underlying Lawsuits”) filed by numerous young, aspiring actresses, models and
employees, who alleged that Weinstein raped, sexually attacked, sexually molested, sexually
harassed, discriminated and/or retaliated or threatened to retaliate against them for refusing his
advances or reporting his misconduct.
2.

As set forth herein, as well as in Chubb’s contemporaneously filed Memorandum

of Law in Support of their Motion for Partial Summary Judgment, which is incorporated by
reference, pursuant to long-standing New York precedent, there is no obligation to defend
Weinstein based on various broad exclusions in Chubb’s policies and New York public policy
precluding any insurance coverage with respect to intentional acts done with the intent to harm.
3.

First, the plain and unambiguous language of the Intentional Acts Exclusions

contained in each of the policies bars coverage for the underlying lawsuits as a matter of New York
law because the gravamen of each of the Underlying Lawsuits at issue is Weinstein’s alleged
forcible rape, sexual assault, sexual harassment and other sexual misconduct and retaliation.
4.

Chubb also has no duty to defend or indemnify Weinstein for the Underlying

Lawsuits for the independent reason that any such coverage is barred by New York public policy,
which prohibits insurance coverage for intentional injuries, including, in particular, rape, sexual
assault, and other intentional sexual misconduct.

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Case 1:18-cv-02526-PAC Document 145 Filed 07/31/18 Page 3 of 5
Case 1:18-cv-02526-PAC Document 88 Filed 05/27/20 Page 3 of 5

5.

Coverage for each of the underlying lawsuits is also barred by the Business Pursuits

Exclusions contained in each of the policies because each of the Underlying Lawsuits seek
damages for alleged injuries arising from Weinstein’s sexual misconduct done in furtherance of
his business as a film producer.
6.

Chubb further has no duty to defend pursuant to the Director’s Liability Exclusions

contained in each of the policies because the allegations of the Underlying Lawsuits are that the
victims’ injuries arose from Weinstein’s “actions or failure to act” as an executive of Miramax
and/or The Weinstein Company LLC.
7.

Chubb further has no duty to defend pursuant to the Discrimination Exclusions

contained in each of the policies because the allegations of the Underlying Lawsuits are that the
victims’ injuries arose from discriminatory conduct by Weinstein.
8.

Accordingly, for the reasons set forth herein, as well as in Chubb’s

contemporaneously filed Memorandum of Law in Support of their Motion, Chubb respectfully
requests that this Court grant their Motion and enter judgment that Chubb has no duty to defend
or indemnify Weinstein for the subject Underlying Lawsuits under the Chubb policies.

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Case 1:18-cv-02526-PAC Document 145 Filed 07/31/18 Page 4 of 5
Case 1:18-cv-02526-PAC Document 88 Filed 05/27/20 Page 4 of 5

Dated: July 31, 2018

Respectfully submitted,
WALKER WILCOX MATOUSEK LLP
By: /s/Edward P. Gibbons
Edward P. Gibbons [admitted pro hac vice]
Joyce F. Noyes [admitted pro hac vice]
One North Franklin Street
Suite 3200
Chicago, Illinois 60606
[phone]
[e-mail]
[e-mail]
and
CLYDE & CO US LLP
Paul R. Koepff
Harris R. Wiener
The Chrysler Building
405 Lexington Avenue
New York, New York 10174
[phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

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Case 1:18-cv-02526-PAC Document 145 Filed 07/31/18 Page 5 of 5
Case 1:18-cv-02526-PAC Document 88 Filed 05/27/20 Page 5 of 5

CERTIFICATE OF SERVICE
I hereby certify that on July 31, 2018, a copy of the foregoing document was filed
electronically. Service of this filing will be made on all ECF-registered counsel by operation of
the Court’s electronic filing system. Parties may access this filing through the Court’s system.

Dated: July 31, 2018

Respectfully submitted,
WALKER WILCOX MATOUSEK LLP
By: /s/Edward P. Gibbons
Edward P. Gibbons [admitted pro hac vice]
Joyce F. Noyes [admitted pro hac vice]
One North Franklin Street
Suite 3200
Chicago, Illinois 60606
[phone]
[e-mail]
[e-mail]
and
CLYDE & CO US LLP
Paul R. Koepff
Harris R. Wiener
The Chrysler Building
405 Lexington Avenue
New York, New York 10174
[phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

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