United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE.
was involved in an abusive sexual relationship with M.R.,
from which she suffered emotional and physical injuries. M.R.
is now deceased. T.M. seeks to recover under M.R.'s
homeowners insurance for her emotional injuries. M.R.'s
insurer, Amica Mutual Insurance Company, seeks a declaration
that its policy of insurance does not apply to any of
T.M.'s injuries. T.M. and Amica have filed cross-motions
for summary judgment on the claims. Because the undisputed
evidence shows that the relevant insurance policy does not
provide coverage for T.M.'s emotional injuries, I will
grant summary judgment to Amica on that claim. I lack
jurisdiction to determine whether the policy covers
T.M.'s other injuries.
a mentally disabled adult woman who is represented in this
action by her legal guardian, D.P. The estate of M.R. is
represented by D.B.
January and March 2012, T.M. had several sexual encounters
with M.R. Some of these encounters involved third persons,
and some were photographed and video recorded and later
displayed to others without T.M.'s consent. T.M. suffered
physical and emotional injuries from this abusive sexual
this period, M.R.'s residence was insured with Amica
through a homeowners insurance policy that provided coverage
for bodily injury to third parties caused by an accident
occurring at the residence, with such coverage subject to
various exclusions. Amica also offered optional coverage to
its insureds extending liability coverage for personal injury
to others, such as for invasion of privacy.
August 2016, T.M. issued a demand letter to Amica to settle
all claims for harms to her caused by M.R. The letter
detailed the emotional injuries suffered by T.M. and also
referred to an instance of physical injury that occurred
during the relationship. Amica concluded there was no
coverage under the policy and filed this declaratory judgment
litigation, T.M. contends that M.R.'s policy included the
optional coverage extending personal injury liability and
that she is therefore entitled to recover under the policy
for the emotional injury she sustained as a result of
M.R.'s invasion of her privacy. Amica argues that this
optional coverage was not a part of M.R.'s policy of
insurance and that therefore T.M. cannot recover under the
policy for her emotional injuries. Amica also argues that
policy exclusions preclude T.M.'s recovery for bodily
injuries arising from M.R.'s conduct, to which T.M.
responds that she seeks no such recovery.
judgment must be granted when the pleadings and proffer of
evidence demonstrate that no genuine issue of material fact
exists and that the moving party is entitled to judgment as a
matter of law. Fed.R.Civ.P. 56(c); Celotex Corp. v.
Catrett, 477 U.S. 317, 322-23 (1986); Torgerson v.
City of Rochester, 643 F.3d 1031, 1042 (8th Cir. 2011)
(en banc). I must view the evidence in the light most
favorable to the nonmoving party and accord it the benefit of
all reasonable inferences. Scott v. Harris, 550 U.S.
372, 379 (2007).
the moving party must demonstrate the absence of an issue for
trial. Celotex, 477 U.S. at 323. Once a motion is
properly made and supported, the nonmoving party may not rest
upon the allegations in its pleadings or in general denials
of the movant's assertions, but must instead proffer
admissible evidence that demonstrates a genuine issue of
material fact. Fed.R.Civ.P. 56(c); Conseco Life
Ins. Co. v. Williams, 620 F.3d 902, 910 (8th Cir. 2010);
Howard v. Columbia Pub. Sch. Dist., 363
F.3d 797, 800-01 (8th Cir. 2004).
nonmoving party fails to properly address an assertion of
fact made by the movant, the Federal Rules of Civil Procedure
permit me to consider the fact undisputed. Fed.R.Civ.P.
56(e)(2). The Local Rules of this Court, however, require it.
Under Local Rule 4.01(E), moving parties must include a
statement of uncontroverted material facts with their
memorandum, with citations to the record if the fact(s) are
established by the record.
Every memorandum in opposition shall include a statement of
material facts as to which the party contends a genuine issue
exists. Those matters in dispute shall be set forth with
specific references to portions of the record, where
available, upon which the opposing party relies. The opposing
party also shall note for all disputed facts the paragraph
number from movant's listing of facts. All matters
set forth in the statement of the movant ...