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Nautilus Insurance Co. v. REMAC America, Inc.

United States District Court, D. Maryland

July 9, 2013

NAUTILUS INSURANCE COMPANY
v.
REMAC AMERICA, INC., et al

Page 675

For Nautilus Insurance Company, Plaintiff: Richard J Berwanger, Jr, LEAD ATTORNEY, Stacey Ann Moffet, Eccleston and Wolf PC, Hanover, MD.

For Joseph Friend, Interested Party: Paul N Rouhana, Law Offices of Seigel Tully and Furrer LLC, Towson, MD.

OPINION

Page 676

MEMORANDUM OPINION

DEBORAH K. CHASANOW, United States District Judge.

Presently pending and ready for review in this insurance coverage dispute are two motions filed by Plaintiff Nautilus Insurance Company (" Nautilus" ): (1) a motion

Page 677

for default judgment against Defendants REMAC America, Inc. (" REMAC" ) and Mark V. Soresi (ECF No. 22); and (2) a motion for summary judgment (ECF No. 4). The issues have been fully briefed, and the court now rules, no hearing being deemed necessary. Local Rule 105.6. For the following reasons, Nautilus's motions will be granted.

I. Background

A. The Policy

This case involves a commercial general liability insurance policy issued by Nautilus to REMAC for the policy period of December 21, 2009 to December 21, 2010 (" the Policy" ). The Policy identifies REMAC as the " Named Insured" with a mailing address in Potomac, Maryland. (ECF No. 1-3, at 4, Common Policy Declarations). [1] Under the heading " Location of All Premises You Own, Rent, or Occupy," the same Potomac address is the only address listed. ( Id. at 12, Commercial General Liability Coverage Part Declarations). The Policy defines " insured" to include the " 'executive officers' and directors" of REMAC, but only " with respect to their duties as [REMAC's] officers or directors." ( Id. at 21, Section II, Who Is An Insured). Likewise, REMAC's stockholders are insureds " with respect to their liability as stockholders." ( Id. ).

The Policy generally requires Nautilus to " pay those sums that the insured becomes legally obligated to pay as damages because of 'bodily injury' or 'property damage' to which this insurance applies" and to " defend the insured against any 'suit' seeking those damages." (ECF No. 1-3, at 13, Section I - Coverages, Coverage A Bodily Injury and Property Damage Liability). The Policy also requires Nautilus to " pay medical expenses . . . for 'bodily injury' caused by an accident . . . (3) Because of your operations." ( Id. at 19, Section I - Coverages, Coverage C Medical Payments). " Bodily injury" is defined as " bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time." ( Id. at 24, Section V - Definitions). " Suit" is defined as " a civil proceeding in which damages because of 'bodily injury', 'property damage' or 'personal and advertising injury' to which this insurance applies are alleged." ( Id. at 27).

The Policy also contains a number of exclusions. Relevant here, the Policy includes an endorsement titled " Exclusion -Injury to Employees, Contractors, Volunteers and Workers." (ECF No. 1-3, at 36, Form L205) (" the Employer's Liability Exclusion" ). With respect to Coverage A for Bodily Injury and Property ...


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