United States District Court, D. Connecticut
PETER KOSCINSKI, ADMINISTRATOR OF THE ESTATE OF MEGAN KOSCINSKI, Plaintiff,
v.
FARM FAMILY CASUALTY INSURANCE COMPANY, Defendant.
RULING ON MOTION FOR SUMMARY JUDGMENT
Michael P. Shea, U.S.D.J.
Peter
Koscinski brings this action as administrator of his daughter
Megan Koscinski's Estate against Farm Family Casualty
Insurance Company (“Farm Family”). His claims
relate to an underlying lawsuit he brought against Harold G.
Skinner in Connecticut Superior Court. Koscinski alleged that
Skinner negligently caused Megan's death at a party in a
home that Skinner owned. Skinner sought defense and
indemnification from Farm Family under a homeowner's
insurance policy it had issued him. Farm Family denied
Skinner's claim, concluding that the events in
Koscinski's complaint fell within an exclusion in the
policy for bodily injury arising out of the use of a
controlled substance. Koscinski and Skinner settled the
underlying lawsuit. The settlement stipulated that judgment
would be entered for Koscinski in the amount of $345, 000.
Skinner agreed to pay $45, 000 and assigned his rights under
the Farm Family policy to Koscinski.
Koscinski
then brought this suit against Farm Family arguing that Farm
Family must pay the balance of his settlement with Skinner.
Farm Family moved for summary judgment, arguing that it had
no duty to defend or indemnify Skinner because
Koscinski's claims against Skinner fell within the
controlled substances exclusion in the policy. I find that
there is no genuine dispute of material fact about the
applicability of the controlled substances exclusion and that
the claims in Koscinski's case against Skinner fell
entirely within that exclusion. I therefore GRANT Farm
Family's motion for summary judgment.
I.
Factual Background and Procedural History
Peter
Koscinski sued Harold Skinner in Connecticut Superior Court
on December 3, 2015. His original complaint alleged that
Skinner “was the owner of, and controlled, maintained,
and/or possessed, a single family home located at 34 Skinner
Road . . . also known as 65 Highland Avenue . . . .”
(Skinner Complaint, ECF No. 15-1 at 22 ¶ 2)
(“Skinner I”). Megan Koscinski, then fourteen,
allegedly attended a party at the home on February 15, 2014,
where “heroin and other narcotics were available and
were used and/or consumed by plaintiff's decedent, among
others.” (Skinner I ¶ 3.) The Skinner I complaint
alleged that, at the party, “[a]s a result of using
heroin and other narcotics at the premises . . . Megan
Koscinski became ill and unconscious, ultimately resulting in
her death on February 16, 2014.” (Skinner I ¶ 4.)
The complaint alleged that Skinner negligently and carelessly
caused Megan's death in one of the following ways:
a. in that he failed to adequately supervise the
plaintiff's decedent and other minors at the premises;
b. in that he permitted parties at the premises when he knew
or should have known that minors using alcohol and/or
narcotic drugs were in attendance;
c. in that he failed to control the conduct of those at the
premises;
d. in that he did not identify or stop the narcotics and/or
alcohol consumption by minors at the premises, when, in the
exercise of reasonable care, he could and should have done
so.
(Skinner I ¶ 5.)
Skinner
held a homeowner's insurance policy from Farm Family
Insurance Company- Policy No. 0602G1294 (“the
Policy”), which was in effect on the dates in
Koscinski's complaint. (Defendant's Local Rule 56(a)2
Statement, ECF No. 15-2 at 2 ¶ 3) (“56(a)2
Stmt.”). The Policy provided the following coverage:
WE provide coverage under Section A - BODILY INJURY/PROPERTY
DAMAGE, if a claim is made or a SUIT is brought against an
INSURED for damages because of a BODILY INJURY or PROPERTY
DAMAGE caused by an OCCURRENCE that takes place in the
COVERAGE TERRITORY and to which this coverage applies. . . .
WE provide coverage under Section B - MEDICAL EXPENSES for
the necessary MEDICAL EXPENSES incurred and reported within
three (3) years from the date of an OCCURRENCE causing BODILY
INURY, provided that the OCCURRENCE takes place in the
COVERAGE TERRITORY. . . .
(ECF No. 15-1 at 79-91.) The policy also included the
following exclusion:
Sections A and B do not apply to BODILY INJURY/PROPERTY
DAMAGE or MEDICAL EXPENSES
22. arising out of the use, sale, manufacture, delivery,
transfer or possession by any person of a controlled
substance. This exclusion does not apply to the legitimate
use of prescription drugs by a ...