Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Liberty Insurance Corp. v. Alicia Keck

August 22, 2011

LIBERTY INSURANCE CORP.
v.
ALICIA KECK, ET AL.



The opinion of the court was delivered by: Padova, J.

MEMORANDUM

Liberty Insurance Corp. ("Liberty") brought the instant action against Alicia Keck, George Hickey, Edward Roop, Carol Roop, Eagles Stadium Operator, LLC, and National Event Services, Inc. seeking a declaration that it has no duty under a homeowner's insurance policy issued to the Roops to defend or indemnify George Hickey in connection with a lawsuit brought by Alicia Keck against Hickey, Eagles Stadium Operator, LLC and National Events Services, Inc. in the Philadelphia County Court of Common Pleas. Hickey and the Roops have asserted a Counterclaim against Liberty in the instant action, asserting that Liberty denied coverage in bad faith, in violation of 42 Pa. Cons. Stat. Ann. § 8371. Before the Court is Liberty's Motion to Dismiss the Counterclaim pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the Motion is denied.

I. BACKGROUND*fn1

On or about June 29, 2009, Alicia Keck was assaulted by George Hickey while attending a concert at Lincoln Financial Field in Philadelphia. (Keck Compl. ¶¶ 8, 13.*fn2 ) Hickey punched Keck twice in the face, once on her nose and once in her left eye. (Id. ¶ 13.) Hickey fled before security arrived. (Id. ¶ 17.) As a result of the assault, Keck sustained numerous injuries, including head injuries, nasal fractures, a left cheekbone fracture, and an orbital blowout fracture. (Id. ¶ 20.) As a result of her injuries, Keck has suffered pain, embarrassment, anxiety, and depression, and has been prevented from continuing her previous modeling career. (Id. ¶¶ 21-22.)

Hickey was criminally charged in the Court of Common Pleas of Philadelphia County with recklessly endangering another person, simple assault, and aggravated assault in connection with his assault of Keck. (Commonwealth v. Hickey, Docket No. CP-51-CR-10582-2009 (Phila. Cnty. Ct. of Common Pleas).*fn3 ) On March 22, 2010, he pled guilty to aggravated assault and was sentenced to five years of probation and restitution in the amount of $2,195.39. (Id. at 3, 8.) The other charges against Hickey were nolle prossed. (Id. at 3.)

Keck filed suit against Hickey, Eagles Stadium Operator, LLC, and National Events Services, Inc. in the Court of Common Pleas of Philadelphia County. (Keck Compl.) The Keck Complaint asserts a claim against Hickey for negligence. (Id. ¶¶ 57-60.) Hickey made a demand of Liberty for a defense and for indemnification with respect to the negligence claim asserted against him by Keck. (Liberty Compl. ¶ 14; Hickey Answer ¶ 14.) Hickey made his demand pursuant to a homeowners insurance policy issued by Liberty to Edward and Carol Roop effective March 9, 2009 through March 9, 2010, policy number H37-288-330730-409 (the "Liberty Policy").*fn4 (Liberty Compl. ¶ 11, Hickey Answer ¶ 11.) At the time he assaulted Keck, Hickey lived with Carol and Edward Roop, his mother- and father-in-law. ( (Liberty Compl. ¶ 12, Hickey Answer ¶ 12.) The Liberty Policy includes personal liability coverage in the amount of $500,000 per occurrence. ( (Liberty Compl. ¶ 11, Hickey Answer ¶ 11.)

The Liberty Policy provides for personal liability coverage as follows:

If a claim is made or a suit is brought against an "insured" for damages because of "bodily injury" or "property damage" caused by an "occurrence" to which this coverage applies, we will:

1. Pay up to our limit of liability for the damages for which the "insured" is legally liable . . . ; and

2. Provide a defense at our expense by counsel of our choice, even if the suit is groundless, false or fraudulent. We may investigate and settle any claim or suit that we decide is appropriate. Our duty to settle or defend ends when the amount we pay for damages resulting from the "occurrence" equals our limit of liability.

(Liberty Policy at 12, Section II - Liability Coverages.) The Liberty Policy defines occurrence as follows: "'Occurrence' means an accident, including continuous or repeated exposure to substantially the same general harmful conditions, which results, during the policy period, in: a. 'Bodily injury'; or b. 'Property damage.'" (Id. at 1, Definitions ¶ 5.) The Liberty Policy excludes coverage for personal liability as follows:

Coverage E - Personal Liability and Coverage F - Medical Payments to Others do not apply to "bodily injury" or "property damage":

a. Which is expected or intended by the "insured", even if the resulting "bodily ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.