United States District Court, D. Connecticut
RULING ON PLAINTIFF'S MOTION FOR
A. BOLDEN, UNITED STATES DISTRICT JUDGE.
Insurance Company (“Allstate” or
“Plaintiff”) seeks a declaratory judgment that it
has no obligation to defend or indemnify Sudha Swaminathan
and Kanishka Tankala in an underlying state court lawsuit.
Compl., ECF No. 1. Following the close of discovery, Allstate
now moves for summary judgment. Mot. Summ. J., ECF No. 24.
reasons discussed below, Allstate has no duty to defend or to
indemnify Swaminathan and Tankala in the underlying state
court lawsuit based on either the homeowner's insurance
policy or the personal umbrella policy, and Allstate's
motion for summary judgment is GRANTED.
FACTUAL AND PROCEDURAL BACKGROUND
June 27, 2000 until December 16, 2013, Sudha Swaminathan and
Kanishka Tankala owned a house at 30 Andreis Trail, South
Windsor, Connecticut. Swamanathan Answer ¶ 9, ECF No.
21. During that same time period, they maintained a
homeowner's insurance policy from Allstate covering the
property. Compl. Ex. B, ECF No. 1-2 (“Homeowner's
Insurance Policy”); Pl.'s Statement of Material
Facts (“SMF”) ¶ 1, ECF No. 25. They also
maintained a personal umbrella insurance policy from February
16, 2013 to February 16, 2014. SMF ¶ 6; Compl. Ex. C,
ECF No. 1-3 (“Personal Umbrella Policy”).
homeowner's policy provided:
Allstate will pay damages which an insured person becomes
legally obligated to pay because of bodily injury or property
damage arising from an occurrence to which this policy
applies, and is covered by this part of the policy.
We may investigate or settle any claim or suit for covered
damages against an insured person. If an insured person is
sued for these damages, we will provide a defense with
counsel of our choice, even if the allegations are
groundless, false or fraudulent. We are not obligated to pay
any claim or judgment after we have exhausted our limit of
Insurance Policy at 42. The policy did not cover:
[B]odily injury or property damage intended by, or which may
reasonably be expected to result from the intentional or
criminal acts or omissions of, an insured person. This
exclusion applies even if:
a) such bodily injury or property damage is of a different
kind or degree than that intended or reasonably expected; or
b) such bodily injury or property damage is sustained by a
different person than intended or reasonably expected.
This exclusion applies regardless of whether or not the
insured person is actually charged with, or convicted of, a
Id. Also, the policy did not “cover property
damage to property rented to, occupied or used by, or in the
care of, an insured person” or “any liability an
insured person assumes arising out of any contract or
agreement.” Id. at 43-44.
personal umbrella policy stated that “Allstate will pay
when an insured becomes legally obligated to pay for personal
injury or property damage caused by an occurrence.”
Personal Umbrella Policy at 20. The policy defines the
7. “Occurrence” means an accident or a continuous
exposure to conditions. An occurrence includes personal
injury and property damage caused by an insured while trying
to protect persons or property from personal injury or
8. “Personal ...