United States District Court, E.D. Pennsylvania
the Court are the following:
Defendants Boy Scouts of America and Boy Scouts of America,
Northeastern Pennsylvania Council's Motion for Summary
Judgment (Doc. 63);
Plaintiff's Opposition thereto (Doc. 69);
Plaintiff's Selective Insurance Company of America's
Cross-Motion for Summary Judgment (Doc. 65); and
Defendants' Opposition thereto (Doc. 68).
consideration of the Parties' submissions,
Plaintiff's Motion is GRANTED and Defendants' Motion
FACTUAL AND PROCEDURAL BACKGROUND
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
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.
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