 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
County of Kaua v. Scottsdale Insurance Co.5/27/1999
On March 22, 1999, we granted the petitioner-defendant-appellee Scottsdale Insurance Co., Inc.'s (Scottsdale) application for a writ of certiorari to review the memorandum opinion of the Intermediate Court of Appeals (ICA) in County of Kaua'i v. Scottsdale Insurance Company, Inc., No. 21262, mem. op. (Haw. Ct. App. Jan. 27, 1999) (hereinafter, the "ICA's majority opinion"). In its application, Scottsdale argues that the ICA erred in holding that a claim for relief alleging "negligent supervision" is distinguishable from "negligent entrustment" in that the former constitutes non-automobile related conduct and, therefore, falls outside of the scope of an automobile exclusion clause contained in a comprehensive law enforcement liability policy. Scottsdale argues that negligent supervision is not a distinct claim for relief in the present case, but, rather, one that arises derivatively out of the use of an automobile.
We agree with Scottsdale that the ICA's majority opinion reached an erroneous result. In contrast to the ICA's majority opinion, we hold (1) that the tort claim of "negligent supervision," asserted against the respondent-plaintiff-appellant County of Kaua`i (County), arose out of the use of a motor vehicle when the injuries complained of resulted from a motor vehicle accident, and, accordingly, (2) that the claim implicated the provisions of the automobile policy exclusion contained in Scottsdale's law enforcement policy.
Accordingly, we reverse the ICA's majority opinion and affirm the circuit court's summary judgment in favor of Scottsdale and against the County and Admiral Insurance Co., Inc. (Admiral) (collectively, "the respondents").
I. BACKGROUND
A. Factual History
On September 18, 1992, at approximately 3:30 a.m., Kaua`i Police Department (KPD) Officer Daniel Abadilla had been on duty for approximately four-and-one-half hours. While driving his patrol car on the Kaumualii Highway, Officer Abadilla struck and killed Gilbert Moniz. It appears that Officer Abadilla was traveling in excess of the speed limit and off of the lined portion of the road at the time of the accident. On the previous day, September 17, 1992, Officer Abadilla had worked an eight-hour shift, from 8:00 a.m to 4:00 p.m. It is uncontested that, at the time of the accident, Officer Abadilla was acting within the course and scope of his employment with the County and was operating a vehicle owned by the County.
B. The Insurance Policies
At the time of the accident, the County was insured under a "Comprehensive Law Enforcement Liability Policy" (hereinafter, "the law enforcement policy") issued by Scottsdale. The law enforcement policy provided in relevant part that:
"[Scottsdale] will pay on behalf of the [County] all sums which the [County] shall become legally obligated to pay as damages because of WRONGFUL ACT which result in:"
"A) PERSONAL INJURY "
"B) BODILY INJURY "
"C) PROPERTY DAMAGE"
"caused by an OCCURRENCE and arising out of the performance of the [County's] duties to provide law enforcement and/or other departmentally approved activities . . . ."
". . . ."
"[Scottsdale] shall have the right and duty to defend any suit against the [County] seeking damages on account of such PERSONAL INJURY , BODILY INJURY, or PROPERTY DAMAGE . . . ."
The law enforcement policy also included the following relevant exclusion:
"This policy does not apply:"
". . . ."
"To BODILY INJURY or PROPERTY DAMAGE arising out of the ownership, maintenance, operation, use, loading or unloading of any (a
Page 1 2 3 4 5 6 7 Hawaii Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|