United States District Court, D. Massachusetts
MEMORANDUM AND ORDER ON PLAINTIFF'S MOTION FOR
JUDGMENT ON THE PLEADINGS
Dennis Saylor, IV, United States District Judge
an action for declaratory judgment concerning the existence
of insurance coverage. Plaintiff Atain Specialty Insurance
Company seeks a declaration that it has no duty to defend or
indemnify defendants Boston Rickshaw LLC and Dennis Suozzi in
an action brought by Laura Gentry Reagan and Robert Reagan in
has filed a motion for judgment on the pleadings under
Fed.R.Civ.P. 12(c). For the following reasons, the motion
will be granted.
The Underlying Action
following facts appear as alleged in the Reagans'
complaint in the underlying state action. See Laura
Gentry Reagan and Robert Reagan v. Dennis Suozzi and Boston
Rickshaw LLC, No. 1684-cv-02697 (Mass. Super.
September 8, 2013, Laura Gentry Reagan and her husband Robert
Reagan entered a pedicab on Charles Street in Boston,
Massachusetts. (Underlying Comp. ¶ 15). The pedicab was
licensed and registered to Boston Rickshaw LLC and was
operated by Dennis Suozzi, an employee of Boston Rickshaw.
(Id. ¶ 8-9).
the Reagans' ride, Suozzi allegedly changed lanes
“into the path of an unknown vehicle” without
looking to see whether the “lane was open” and
without signaling properly. (Id. ¶ 17-20). The
lane change allegedly caused the vehicle traveling behind
Suozzi to strike the rear of his pedicab. (Id.
¶ 17). The Reagans contend that they suffered serious
injuries as a result of the collision. (Id. ¶
23). Their complaint alleges claims of negligence against
both Suozzi and Boston Rickshaw.
issued a Commercial General Liability policy to Boston
Rickshaw for the period from April 5, 2013, to April 5, 2014.
policy contained a number of exclusions, which provided that
the policy's “insurance [did] not apply to”
various categories of injuries. (Policy at 33). Exclusion
(g), in its original form, was titled “Aircraft, Auto
or Watercraft, ” and provided that insurance did not
‘Bodily injury' or ‘property damage'
arising out of the ownership, maintenance, use or entrustment
to others of any aircraft, ‘auto' or watercraft
owned or operated by or rented or loaned to any insured. Use
includes operation and ‘loading or unloading.'
This exclusion applies even if the claims against any insured
alleged negligence or other wrongdoing in the supervision,
hiring, employment, training or monitoring of others by that
insured, if the ‘occurrence' which caused the
‘bodily injury' or ‘property damage'
involved by the ownership, maintenance, use or entrustment to
others of any aircraft, ‘auto' or watercraft that
is owned or operated by or rented or loaned to any insured.
(Id. at 35). The policy defined an
“auto” as either “[a] land motor vehicle,
trailer or semitrailer designed for travel on public roads,
including any attached machinery or equipment” or
“[a]ny other land vehicle that is subject to a
compulsory or financial responsibility law or other motor
vehicle insurance law in the state where it is licensed or
principally garaged.” (Id. at 43).
the policy also had a number of endorsements that
“change[d] the policy.” (Id. at 15). One
of those endorsements, entitled “AMENDMENT - AIRCRAFT,
AUTO OR WATERCRAFT EXCLUSION, ” deleted the ...