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Selective Insurance Company of America v. Boy Scouts of America

United States District Court, E.D. Pennsylvania

April 3, 2018

SELECTIVE INSURANCE COMPANY OF AMERICA,, Plaintiff,
v.
BOY SCOUTS OF AMERICA, and BOY SCOUTS OF AMERICA, NORTHEASTERN PENNSYLVANIA COUNCIL,, Defendants/Third-Party Plaintiffs,
v.
UNITED EDUCATORS INSURANCE, and KEYSTONE COLLEGE, Third-Party Defendants.

          MEMORANDUM

          Tucker, J.

         Before the Court are the following:

         1. Defendants Boy Scouts of America and Boy Scouts of America, Northeastern Pennsylvania Council's Motion for Summary Judgment (Doc. 63);

         2. Plaintiff's Opposition thereto (Doc. 69);

         3. Plaintiff's Selective Insurance Company of America's Cross-Motion for Summary Judgment (Doc. 65); and

         4. Defendants' Opposition thereto (Doc. 68).

         Upon consideration of the Parties' submissions, Plaintiff's Motion is GRANTED and Defendants' Motion is DENIED.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         Defendants Boy Scouts of America (“BSA”) and Boy Scouts of America, Northeastern Pennsylvania Council (“NEPC”) (collectively, “Defendants”) are operators of the Goose Pond Reservation (“Goose Pond”) camping ground in Lake Arial, Pennsylvania. (Defs.' Statement of Undisputed Facts 3, ECF No. 63-2.) On August 23, 2012, Robert Hallum, a student at Keystone College, was injured while participating in orientation activities, which the College conducted at Goose Pond. (Compl. 3, ECF No. 1.) Hallum instituted a lawsuit in the Pennsylvania Court of Common Pleas based on his injuries, naming BSA, NEPC, and Keystone College, among others, as defendants.

         At the time of the accident, Keystone was covered under a policy of liability insurance- Policy No. S1945394 (“Policy”)-which Plaintiff Selective Insurance Company of America issued. (Pl.'s Mem. Law Supp. Cross-Mot. Summ. J. Ex. D, at 2, ECF No. 65-6.) Prior to Hallum's accident, NEPC sent Keystone a letter, referred to by the Parties as the “Goose Pond Reservation Confirmation” or the “GPRC, ” which states in pertinent part:

Please allow this letter to serve as our formal agreement for your agency, Keystone College, to utilize our council camp facilities and COPE course at Goose Pond Scout Reservation, Paupack Township, Pennsylvania during the weekend of Thursday, August 23, 2012 through Saturday, August 25, 2012. Our agreement is confirmed as follows:
* * *
5. A current copy of your organizational insurance liability certificate in the amount of at least $2, 000, 000.00, specifically naming the Northeastern Pennsylvania Council, Boy Scouts of America as additionally insured should be forwarded with fee payments.

         (Pl.'s Mem. Law Supp. Cross-Mot. Summ. J., Ex. B., at 2, ECF No. 65-4.) Keystone did not forward a copy of its “organizational insurance liability certificate” to NEPC as the GPRC required. (Pl.'s Mem. Law Supp. Cross-Mot. Summ. J. 3, ECF No. 75-4.) Keystone also failed to request that Plaintiff name either BSA or NEPC as additional ...


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