United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
C. HAMILTON, UNITED STATES DISTRICT JUDGE
matter is before the Court on Plaintiff American Family
Mutual Insurance Company's Motion for Summary Judgment,
filed December 21, 2017, and Defendant Nancy Spencer's
Cross-Motion for Summary Judgment, filed January 22, 2018.
(ECF Nos. 21, 27). The motions are fully briefed and ready
American Family Mutual Insurance Company issued Missouri
Homeowners Policy No. 24PW-6856-01 to Defendant Nancy Spencer
(“Spencer”), effective from July 31, 2014, to
December 25, 2014 (the “Policy”). (Policy,
attached to Plaintiff's Complaint as Exhibit 1, ECF No.
1-1). The Policy provided liability coverage in the amount of
$300, 000, under the terms, conditions and endorsements as
contained within said Policy. (Id., P. 2). The
Policy contained the following relevant provisions:
following words in this policy have defined meanings. They
will be printed in bold type.
1. Bodily injury means bodily harm, sickness
or disease. It includes resulting loss of services, required
care and death.
Bodily injury does not include:….
emotional or mental distress, mental anguish, mental injury,
or any similar injury unless it arises out of actual bodily
harm to the person….
Insured means you….
(1) If you own the one or two family dwelling described in
the Declarations, the insured premises means: that dwelling,
related private structures and grounds at that location where
(2) If you own the townhouse or row house at the location
described in the Declarations, the insured premises are: that
townhouse or row house, related private structures and
grounds used or occupied solely by your household for
residential purposes at that location.
b. For Personal Liability and Medical Expense Coverages,
insured premises also include:
(1) other premises listed in the Declarations;
(2) the part of any residential premises you acquire for your
occupancy during the policy period if we are notified within
30 days following the date you acquired such premises;
(3) vacant land (other than farm land) owned by or rented to
an insured. This includes land on which a one or two family
dwelling is being built for the personal use of an insured;
(4) an insured's individual or family cemetery lots and
(5) the part of any residential premises not owned by an
insured, while an insured is temporarily residing there; and
(6) any premises you use in connection with the described
c. For Personal Liability Coverage:
insured premises also includes any other premises which an
insured may occasionally rent for other than business
Occurrence means an accident, including exposure to
conditions, which results during the policy period, in:
a. bodily injury; or
b. property damage.
or repeated exposure to substantially the same general
harmful conditions is considered to be one
Property damage means physical damage to or destruction of
tangible property, including loss of use of this property.
Loss of use of tangible property does not include any
resulting loss of value of such damaged property….
and your refer to the person or people shown as the named
insured in the Declarations. These words also refer to your
spouse who is a resident of your household….
COVERAGES - SECTION II
D - PERSONAL LIABILITY COVERAGE
pay, up to our limit, compensatory damages for which any
insured is legally liable because of bodily injury or
property damage caused by an occurrence covered by this
suit is brought against any insured for damages because of
bodily injury or property damage caused by an occurrence to
which this policy applies, we will provide a defense at our
expense by counsel of our choice. We will defend any suit or
settle any claim for damages payable under this policy as we
OBLIGATION TO DEFEND ANY CLAIM OR SUIT ENDS WHEN THE AMOUNT
WE HAVE OFFERED OR PAID FOR DAMAGES RESULTING FROM THE
OCCURRENCE EQUALS OUR LIMIT….
- SECTION II
D - Personal Liability and Coverage E - Medical