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American Indemnity Co. v. Foy Trailer Rentals11/28/2000
American Indemnity Company sought a declaratory judgment that its commercial general liability (CGL) policy did not cover claims made by Ms. Johnson against the Appellants in her federal court complaint and that it did not have a duty to defend Appellants in the federal action. The Chancery Court for Shelby County held that there was no coverage and no duty to defend. Appellants appealed. We affirm.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed; and Remanded
David R. Farmer, J., delivered the opinion of the court, in which W. Frank Crawford, P.J., W.S., joined. Holly K. Lillard, J., filed a concurring opinion.
OPINION
On November 20, 1999, Angela Johnson (Ms. Johnson) filed a complaint in the United States District Court for the Western District of Tennessee against the appellants, Foy Trailer Rentals, Inc. (Foy), Michael Rivalto (Mr. Rivalto), and Pamela Hinman (Ms. Hinman), inter alia, alleging violations of Title VII and of the Tennessee Human Rights Act. In her complaint, Ms. Johnson averred that she was an employee of Thermo King and that on or about November 6, 1997, she confided in her boss, Ms. Wade, that she may be pregnant. When it became clear that Ms. Johnson was indeed pregnant and was going to keep her baby, Ms. Johnson alleged that Ms. Wade began to openly disapprove of Ms. Johnson's decision. Ms. Johnson further alleged in her complaint that other workers "followed [Ms. Wade's] lead." Specifically, Ms. Johnson averred that Ms. Hinman, who was an employee of Foy but who worked in the same office with Ms. Johnson, called Ms. Johnson a "stupid winch," a "bitch," and other "vile and sexist names;" told Ms. Johnson that she was going to fire Ms. Johnson's ex-husband because she was tired of dealing with the wage assignment/garnishment for child support for Ms. Johnson's two children; and loudly announced the incorrect time of Ms. Johnson's arrival and then proclaimed her to be late. Additionally, Ms. Johnson stated in her complaint that Mr. Rivalto, one of Ms. Johnson's immediate supervisors and one of the principal officers of Thermo King and Foy, told her that "it use to be women like you would step out of the field, onto the side of a road, have a baby and go back to work; so I do not know what the big deal is?" Mr. Rivalto fired Ms. Johnson on April 14, 1998.
Ms. Johnson alleged that Thermo King and Foy are liable under the doctrine of respondeat superior for the gender and racial discrimination committed by their employees. Ms. Johnson stated that she suffered lost wages, embarrassment, humiliation, mental anguish, emotional pain and suffering, and loss of enjoyment of life due to the hostile, abusive, and offensive work environment created by the Appellants. Ms. Johnson sought punitive damages based upon the Appellants' alleged willful, oppressive, and deliberately indifferent conduct. Before an Answer was filed, Ms. Johnson amended her complaint to include additional causes of action for racial discrimination and retaliatory discharge pursuant to 42 U.S.C. ยง 1981.
During the time the alleged harassment occurred, Foy was insured under a Commercial General Liability Policy (CGL) issued by American Indemnity Company. By letters dated January 14, 1999, American Indemnity Company notified Foy, Mr. Rivalto, and Ms. Hinman that it would defend them in the federal action brought by Ms. Johnson under a full reservation of rights, including its right to deny coverage and to withdraw from the defense it was providing them.
On June 11, 1999, American Indemnity Company filed a Complaint for Declaratory Judgment in the Chancery Court for Shelby County, Tennessee, in which it asked the
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