Beruflich Dokumente
Kultur Dokumente
No. 11-2233
Appeal from the United States District Court for the District of
South Carolina, at Beaufort.
Sol Blatt, Jr., Senior District
Judge. (9:11-cv-00074-SB)
Submitted:
Decided:
PER CURIAM:
Allan
Carl
Ranta
brought
suit
against
the
Catholic
Accordingly, we affirm.
the
Roman
Catholic
Diocese
of
Savannah,
and
Most
Rev.
Agreement
and
Release
the
Roman
Catholic
In
December
2010,
Ranta
brought
the
instant
action
Brown
against him.
and
both
district
judgment
for
that
the
Catholic
$100
Mutual
million
tort
is
obligated
judgment
to
obtained
parties
court
filed
found
motions
that
the
for
summary
Settlement
judgment.
Agreement
did
The
not
Catholic
Mutual
was
nonetheless
warranted,
as
Browns
The district
review
judgment de novo.
the
district
courts
grant
of
summary
Id.
Pursuant to
676 S.E.2d 376, 378 (Ga. Ct. App. 2008); Allstate Ins. Co. v.
Grayes, 454 S.E.2d 616, 618 (Ga. Ct. App. 1995).
The
injuries
policy
caused
accident,
by
at
an
including
issue
provides
occurrence,
injurious
coverage
which
exposure
to
is
for
personal
defined
as
conditions,
an
which
expected
insured party.
nor
intended
from
the
standpoint
of
the
takes
design.
place
without
ones
foresight
or
expectation
or
Bureau Mut. Ins. Co., 428 S.E.2d 802, 803 (Ga. Ct. App. 1993)).
On appeal, Ranta asserts that the district court erred
in finding that Browns acts of sexual abuse did not constitute
an occurrence.
Ranta
negligence,
which
contends,
triggers
Browns
coverage
insurance policy.
conduct
under
constitutes
Catholic
Mutuals
However,
Rantas
attempt
to
the
district
court
recharacterize
properly
Browns
found
egregious
that
acts
of
coverage
for
intentional
acts
of
sexual
abuse,
was
warranted
because
insured
perpetrator
sexually
that
homeowners
insurance
company
had
no
duty
to
Co. v. Harvey, 498 S.E.2d 222, 226 (S.C. Ct. App. 1998) (listing
decisions
from
forty-one
states
7
finding
that
acts
of
child
sexual
molestation
injury).
carry
presumption
of
intent
to
inflict
involve
Moreover,
because
intentional,
Browns
willful,
acts
of
and
sexual
deliberate
abuse
acts.
carry
the
to
litigation,
defend
thereby
Brown
in
waiving
the
its
underlying
coverage
South
Carolina
defense.
Because
that
Browns
negligence
was
proximate
cause
of
Rantas injuries.
The district court properly rejected Rantas argument,
as the elements of collateral estoppel are not present.
Under
Ex
parte Allstate Ins. Co., 528 S.E.2d 679, 681 (S.C. Ct. App.
2000).
Id.
share
an
identity
of
interest
regarding
the
underlying
& Cas. Co. v. Garrity, 785 F.2d 1225, 1227 (4th Cir. 1986)
(When
the
insured
is
sued
for
negligence
and
the
insurance
Farm Bureau
Mut. Auto. Ins. Co. v. Hammer, 177 F.2d 793, 799 (4th Cir.
1949).
of
Rantas
defend.
bar
complaint
established
that
there
was
no
duty
to
Catholic
intentional
Mutual
and,
from
asserting
therefore,
outside
that
the
Browns
scope
conduct
of
was
insurance
coverage.
Based on the foregoing, we affirm the judgment of the
district
facts
court.
and
legal
We
dispense
contentions
with
are
oral
argument
adequately
because
presented
in
the
the
materials
before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED
10