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Selective Way Insurance Co. v. RHJ Medical Center

June 1, 2007

SELECTIVE WAY INSURANCE COMPANY, PLAINTIFF,
v.
RHJ MEDICAL CENTER, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Ambrose, Chief District Judge

OPINION and ORDER OF COURT SYNOPSIS

Pending are cross Motions for Judgment on the Pleadings. (Docket Nos. 32 and 34). The parties have responded thereto. (Docket Nos. 40, 42, 43 and 46). After careful consideration of the same and for the reasons set forth below, the Plaintiff's Motion for Judgment on the Pleadings (Docket No. 32) is granted and Defendants' Motion for Judgment on the Pleadings (Docket No. 34) is denied.

I. STANDARD OF REVIEW

Pursuant to Rule 12(c), a judgment on the pleadings will not be granted "unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law." Jablonski v. Pan American World Airways, Inc., 863 F.2d 289, 290-91 (3d Cir. 1988), quoting Society Hill Civic Association v. Harris, 632 F.2d 1045, 1054 (3d Cir.1980). In reviewing the grant of a Rule 12(c) motion, I must "view the facts presented in the pleadings and the inferences to be drawn therefrom in the light most favorable to the nonmoving party." Id. I, however, "need not accept as true legal conclusions or unwarranted factual inferences." Bayer Chemicals Corp. v. Albermarle Corp., No. 2006 WL 707474, *3 (3d Cir. 2006), quoting Mixon v. Ohio, 193 F.3d 389, 400 (6th Cir.1999).

II. DISCUSSION

This is a declaratory judgment action filed by Plaintiff, Selective Way Insurance Company ("Selective Way") against RHJ Medical Center, Inc., Rudolph Antonicic, III, M.D. a/k/a/, Rudy Antonicic, III, M.D. a/k/a/ Rudolph Antonicic, M.D. (collectively referred to as "Defendants"). (Docket No. 1). RHJ Medical Center ("RHJ") is a clinic that provides treatment to patients. Rudolph Antonicic was engaged in the practice of medicine at RHJ. Selective Way issued a business owners liability policy, Policy No. S1394878 ("the policy"), to RHJ. (Docket No. 1, Ex. B). In an underlying action filed in state court, Defendants were sued by Diane L. Demorest, individually and as Administratrix of the Estate of Candace S. Cohen, Deceased.*fn1

(Docket No. 1, Ex. A). Selective Way has provided a Defendants with a defense in the underlying action based on a reservation of rights. (Docket No. 1, Ex. C). Selective Way then filed this declaratory judgment action in this court.

Under the insuring agreement, Selective Way agrees to "pay those sums that the insured becomes legally obligated to pay as damages because of 'bodily injury', 'property damage', 'personal injury', or 'advertising injury' to which this insurance applies." (Docket No. 1, Ex. B, p. 1 of 15). Under the policy exclusions, coverage is specifically excluded as follows:

j. Professional Services

"Bodily injury", "property damage", "personal injury" or "advertising injury" due to rendering or failure to render any professional services. This includes but is not limited to:

(4) Medical, surgical, dental, x-ray or nursing services treatment, advice or instruction;

(5) Any health or therapeutic service treatment, advice or instruction;

(6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or ...


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