United States District Court, D. Connecticut
ORDER ON PLAINTIFF'S MOTION FOR SUMMARY
A. BOLDEN UNITED STATES DISTRICT JUDGE.
declaratory judgment action arises out of an insurance policy
(“the Policy” or “the insurance
policy”) issued by Plaintiff Farm Family Casualty
Insurance Company (“Farm Family”) to Gary
the Policy, Farm Family agreed to defend and indemnify Mr.
Samperi for any liability adjudged against him in certain
suits. Farm Family's obligations under the insurance
policy were subject to specific policy exclusions. On March
25, 2015, Defendant April Cretella sued Defendant Samperi in
the Superior Court of Connecticut. Superior Court Complaint,
Ex. B, Pl.'s Stmt., ECF No. 13-5 (“Underlying
Family seeks a “declaration that the claims made in
[Ms. Cretella's] Complaint do not give rise to a duty on
the part of Farm Family Casualty Insurance Company to defend
or indemnify Mr. Samperi” under his insurance policy or
an endorsement to the policy that provided coverage for
personal injury. See Compl., ECF 1. On May 2, 2016,
Farm Family moved for summary judgment. See
Pl.'s Mot. Summ. J., ECF No. 13. For the reasons that
follow, this motion is GRANTED.
Relevant Factual Background
March 25. 2015, April Cretella instituted a civil action in
the Superior Court of the State of Connecticut against Gary
Samperi. Pl.'s Stmt. ¶ 1 (citing Docket Sheet, Ex.
A, Def.'s Stmt., ECF No. 13-4 (docket no.
MMX-CV-15-6013323-S)). In her complaint, Ms. Cretella alleged
that Mr. Samperi, who was her step-father, “physically,
psychologically and emotionally abused” her for a
period of around nine years. Underlying Complaint, ¶ 7.
Ms. Cretella claimed that Mr. Samperi's conduct, which
included “repeated” physical and sexual abuse, as
well as supplying Ms. Cretella with narcotics and alcohol in
exchange for sexual favors, caused significant
“emotional, developmental, physiological and
psychological injuries.” Id. at ¶ 10. Ms.
Cretella's Underlying Complaint raised six claims: First
Count (Assault and Battery), Second Count (Negligence), Third
Count (False Imprisonment), Fourth Count (Recklessness),
Fifth Count (Intentional Infliction of Emotional Distress),
and Sixth Count (Negligent Infliction of Emotional Distress).
Pl.'s Stmt., ¶ 4.
Family thus far has provided for Mr. Samperi's legal
defense to the Underlying Action, subject to a reservation of
its right to deny coverage under the Policy. Def.'s
Stmt., ¶ 11. It now, however, seeks a declaratory
judgment to establish that it has no duty to defend Mr.
Samperi. See Compl., ECF No. 1.
Samperi's Insurance Policy
August 16, 2006 through August 16, 2009, Plaintiff Farm
Family Casualty Insurance Company insured Gary Samperi using
“Special Farm Package 10.” Pl.'s Stmt.,
¶ 5. Division V of that package covered
“Liability.” Id. at ¶ 6; see
also Policy Statement, Def.'s Stmt., Ex. C, ECF No.
13-6 (hereinafter “Policy Statement”). From
2006-2008, Section A of Division V included “Bodily
Injury and Property Damage with a total limit of liability of
$300, 000.” See Policy Statement, at 3 (2006);
71 (2007), and 88 (2008). In 2009, Section A of Division V
changed to include “Bodily Injury, Property Damage,
Personal Injury, Advertising Injury, ” with the same
total limit as the years before. Id. at 99.
Section A, Farm Family agreed to cover “claims made or
suits brought against an insured for damages” when the
claim or suit was caused by an “occurrence”
falling under Section A.
Statement, 51. The Policy defined an occurrence as “an
accident, including continuous or repeated exposure to
conditions, that results in bodily injury or property damage.
All bodily injury and property damage resulting from a common
cause shall be considered the result of one
occurrence.” Pl.'s Stmt., ¶ 8. The Policy also
listed exclusions applicable to Sections A and B.
Division V stated that Sections A and B did not apply to
bodily injury/property damage
20. Arising out of actual, alleged or threatened sexual
harassment or molestation, corporal punishment, or physical
or mental abuse.
Personal Injury Endorsement
2006 through 2008, Samperi's policy also included a
separate endorsement titled “SFP ‘10'
Amendatory Endorsement, ” which provided optional
liability coverage for personal injury. Pl.'s Stmt.,
¶ 9; see also Personal Injury Endorsement 0506
0195, Policy Statement, 58 (“Personal Injury
Endorsement”). The Endorsement was optional, but Mr.
Samperi had paid for this optional coverage. Pl.'s Stmt.,
¶ 9. “In return for the additional premium
charged, ” Farm Family agreed to pay all damages that
the insured became obligated to pay because of
“personal injury.” The Endorsement defined
“Personal Injury” as:
false arrest, detention or imprisonment, or malicious
publication or utterance of libel or slander, of other
defamatory or disparaging material, or in violation of an
individual's right to privacy, except in the course of or
related to advertising, broadcasting or telecasting
activities conducted by or on behalf of the INSURED; or
wrongful entry or eviction or other invasion of the right of
private occupancy. However, the actual, alleged or threatened
discharge, dispersal, seepage, migration, release or escape
of POLLUTANTS into or upon land, water or air does not
constitute an invasion of the right of private occupancy.
Policy Statement, 3, 58, 71, 88, 96. The Endorsement did not