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City of Sharonville v. American Employers Insurance Co.9/3/2004
DECISION.
Judgment Appealed From Is: Affirmed in Part, Reversed in Part, and Cause Remanded.
{ } In this insurance-coverage dispute, the insured claims coverage. Unsurprisingly, the insurance companies disclaim any coverage.
{ } Plaintiff-appellant the city of Sharonville and third-party defendants-appellants Michael Schappa, James Cramer, and William Nuss (collectively, "Sharonville") appeal the trial court's entry of summary judgment for defendants-appellees American Employers Insurance Co. and State Auto Insurance Co. (together, "General Liability Insurers"), and Scottsdale Insurance Co., United National Insurance Co., Folksamerica Reinsurance Co., Ohio Government Risk Management Plan, and North East Insurance Co. (collectively, "LEL [for 'Law-Enforcement Liability'] Insurers").
{ } We affirm the summary judgment in favor of the General Liability Insurers but reverse as to the LEL Insurers.
I. The Federal Action
{ } Sharonville, its police officers and employees, and others were sued in the United States District Court for the Southern District of Ohio by Patricia Kammeyer and other relatives of two murder victims ("the Kammeyer action"). Former police officer James Cramer and former police chief William Nuss were named defendants in the Kammeyer action. The current police chief, Mike Schappa, was also a named defendant. The individual defendants were sued in their professional and personal capacities.
{ } The Kammeyer action arose from the alleged cover-up of a 1981 murder. Albert J. Schuholz Jr., was a loan shark who had allegedly employed Officer Cramer as a collection agent. Schuholz's ex-wife, Marie, and her friend Starla Burns were murdered in their apartment in May 1981. Chief Nuss assigned Officer Cramer to the investigation. Schuholz was suspected of hiring someone to kill Marie and Starla. But the case was never solved. Schuholz later pleaded guilty to the attempted murder of a subsequent wife. He is currently in a federal prison.
{ } The Kammeyer plaintiffs continually called the Sharonville police to inquire about progress on the investigation. Officer Cramer told them that contacting the police too often would hurt the investigation.
{ } In 1999, Chief Schappa allegedly told the Kammeyer plaintiffs that the murder investigation had been delayed by a cover-up. Schappa allegedly told them that the investigation had been delayed by an officer who had acted with criminal intent and a police chief who had covered it up. The Kammeyer plaintiffs then sued in federal court.
{ } The Kammeyer complaint asserted four causes of action against Sharonville, Nuss, Cramer, and Schappa. Two arose under Section 1983, Title 42, U.S.Code, the federal Civil Rights Act: (1) a deprivation of civil rights, including rights of access to courts, equal protection, and due process of law; and (2) a conspiracy under color of law to destroy evidence and to cover up the role of Schuholz in the murders. The other two were state-law claims, including a conspiracy to hide evidence and the spoliation of evidence.
{ } Sharonville carried two types of insurance: general liability insurance and law-enforcement liability ("LEL") insurance. There are seven different insurers in this action. All seven have denied coverage.
{ } The general liability policies provide coverage when bodily injury or property damage is caused by an occurrence. An "occurrence" is defined as an accident.
{ } The LEL policies provide coverage for personal injury, bodily injury, property damage, and punitive damages. "Personal injury" is defined as including false arrest, false impriso
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