United States District Court, W.D. Pennsylvania
MEMORANDUM AND ORDER
BISSOON, UNITED STATES DISTRICT JUDGE
reasons stated more fully below, Plaintiff State Farm Fire
and Casualty Company's Motion for Summary Judgment (Doc.
10) will be granted in part and denied as moot in
Farm Fire and Casualty Company (“Plaintiff” or
“State Farm”) seeks a declaration, pursuant to
the Declaratory Judgment Act, 28. U.S.C. § 2201, et.
seq., that it has no duty to defend or indemnify
Defendant A.S. for the Underlying Action captioned Jane
Doe, a minor, by and through her parents and natural
guardians, Mary Joe and John Doe v. Neshannock Township
School District, et al., Civil Action No.
15-1089, under State Farm Homeowners Policy No. 38- LF-1916-0
and that it has no obligation to Defendants A.S., Anthony
Staph or Shellie Staph for any portion of any award that
constitutes punitive damages. (See Pl.'s Mot.
(Doc. 10)). The underlying action was initiated by a
classmate of A.S.'s, Jane Doe, who alleges that A.S. and
three other classmates sexually assaulted her during a
Neshannock High School field trip.
argues that its “duty to defend, as it is defined under
Pennsylvania law, has not been triggered as to Defendant
A.S., as the Underlying Complaint does not allege that A.S.
engaged in conduct that could be considered accidental and
thus there was no occurrence as is required by the
policy.” The Underlying Complaint asserts seven counts
in total, with three pertaining specifically to the Defendant
The relevant general factual allegations in the Underlying
Complaint are as follows:
46. As Jane Doe slept, defendants G.R., T.S., A.S. and D.R.
conspired to touch plaintiff's body without her
permission until she awoke.
47. At or around 12:15 a.m., Jane Doe awoke to T.S.'s
hand rubbing her vaginal region over Jane Doe's pants,
and G.R. touching her buttocks under her pants, while A.S.
and D.R. coached the acts.
48. When Jane Doe awoke, T.S. and G.R. immediately stopped
touching Jane Doe and returned to their respective seats.
49. Following the assault, Jane Doe moved to the seat in
front of her, and sat with her friend and fellow student on
the trip, H.B., whereby Jane Doe sobbed the entire way home.
50. Jane Doe's previous seatmate, P.L., became aware of
the assault and walked to the front of the bus in an attempt
to inform defendant chaperones of the incident.
51. A.S. forcibly stopped P.L., and prevented P.L. from
walking to the front of the bus to inform defendant
chaperones of the incident.
52. At or around 2:00 a.m., the bus arrived at Neshannock
where parents waited to pick up their children.
53. As Jane Doe exited the bus, defendant A.S. stopped her,
telling her not to tell her parents or school officials, as
he and Jane Doe's boyfriend ...