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Auto-Owners Insurance Co. v. American Central Insurance Co.6/25/1999
l court that American Central's exclusion 1.k., excluding coverage for injury that arises out of "physical or mental abuse," is unambiguous. The acts of hazing that Jones alleges were committed against him, acts that he described in graphic detail in his complaint, clearly constituted physical and mental abuse. Therefore, any such acts allegedly committed by Barran were excluded from coverage under American Central's policy of insurance.
We also agree with the trial court that although the claims in the underlying action alleged both intentional and unintentional acts, those claims were not severable so as to obligate American Central to provide a defense and indemnity as to some claims but not as to others. See, e.g., Commercial Union Ins. Cos. v. Sky, Inc., 810 F. Supp. 249 (W.D. Ark. 1992) (claims of false imprisonment and defamation are not severable from a sexual-harassment claim); Old Republic Ins. Co. v. Comprehensive Health Care Assocs., 786 F. Supp. 629 (N.D. Tex. 1992), aff'd, 2 F.3d 105 (5th Cir. 1993) (because all allegations of complaint arise out of alleged acts of sexual harassment, they are related and interdependent); Board of Educ. v. Continental Ins. Co., 198 A.D.2d 816, 604 N.Y.S.2d 399 (1993) (allegations that school district failed to stop or prevent certain conduct do not change gravamen of complaint from intentional acts to negligence).
The trial court properly entered the summary judgment in favor of American Central.
AFFIRMED.
Hooper, C.J., and Maddox, Houston, Cook, See, Brown, and Johnstone, JJ., concur.
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