Allstate Ins. Co. v. Davis

Decision Date01 May 2006
Docket NumberNo. Civ. 04-00418(ACK/BMK).,Civ. 04-00418(ACK/BMK).
Citation430 F.Supp.2d 1112
PartiesALLSTATE INSURANCE COMPANY, an Illinois corporation, Plaintiff, v. Mark Daniel DAVIS; Ellen Pearl Davis; and Mark Davis, Jr., a minor, Defendants, and George Tadeo and Tumata Tadeo, Intervenors.
CourtU.S. District Court — District of Hawaii

Patricia K. Wall, Richard B. Miller, Tom Petrus & Miller LLC, Honolulu, HI, for Plaintiff.

Joy A. San Buenaventura, Hilo, HI, for Intervenors.

Keith K. Hiraoka, Roeca, Louie & Hiraoka, LLP, Honolulu, HI, for Defendants.

Ellen Pearl Davis, Detroit, MI, pro se.

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

KAY, Senior District Judge.

BACKGROUND
I. Procedural History

On July 13, 2004, Allstate Insurance Company ("Plaintiff") filed a Complaint in the present action seeking declaratory judgment regarding its obligation to defend and/or indemnify Defendants Mark Daniel Davis, Ellen Pearl Davis, and Mark Davis, Jr. in connection with the pending state court lawsuit entitled George L. Tadeo, et al. v. Mark Davis, Jr., et al., Civ. No. 03-1-0260, filed on September 22, 2003 ("State Court Action"). This action was brought pursuant to 28 U.S.C. § 1332 and 28 U.S.C. § 2201.

On March 11, 2005, Default was entered by the Clerk against Defendants Ellen Pearl Davis, Mark Daniel Davis, and Mark Davis, Jr. as to Plaintiffs Complaint.

On May 19, 2005, Plaintiff filed a Motion for Default Judgment, or in the Alternative, for Summary Judgment and a Separate Concise Statement of Undisputed Facts.

On August 22, 2005, George and Tumata Tadeo filed a Motion to Intervene. Plaintiff opposed this motion, but Magistrate Judge Kurren granted Tadeos' Motion to Intervene on October 17, 2005.

Also on August 22, 2005, the Court heard Plaintiffs Motion for Default or Summary Judgment. Defendants Ellen Pearl Davis, Mark Daniel Davis, and Mark Davis, Jr. were not present and were not represented at the hearing.

On August 24, 2005, the Court issued an Order granting Plaintiffs Motion for Default Judgment against Mark Daniel Davis and Ellen Pearl Davis, and did not address the Motion for Summary Judgment as to the same Defendants. The Court denied Plaintiffs Motion for Default Judgment against Mark Davis, Jr. because he is a minor. The Court did not address the Motion for Summary Judgment against Mark Davis, Jr. The Court determined that it was necessary to appoint a guardian ad litem for Mark Davis, Jr.

On September 9, 2005, Keith Hiraoka was appointed as guardian ad litem for Mark Davis, Jr.

On October 25, 2005, Magistrate Judge Kurren set aside the entry of default as it pertained to Mark Davis, Jr. allowing him to file his Answer to Plaintiffs Complaint for declaratory judgment. Mark Davis, Jr. filed an Answer on November 14, 2005.

Plaintiff filed a Motion for Summary Judgment ("Motion") on December 6, 2005. Plaintiff also filed a Concise Statement of Facts in Support of its Motion ("Motion CSF").

On January 11, 2006, Intervenors filed an Opposition to Plaintiffs Motion for Summary Judgment ("Intervenors' Opposition"). On January 17, 2006, Intervenors filed a Concise Statement of Facts in Support of their Opposition ("Intervenors' Opposition CSF"). On March 10, 2006, Intervenors filed a Supplement to their Opposition CSF ("Intervenors' Opposition CSF Supplement"). On March 13, 2006, Intervenors also filed an Affidavit of Harold V. Hall in support of their Opposition ("Intervenors' Opposition Affidavit").

On March 9, 2006, Defendant Mark Davis, Jr. filed his Opposition to Plaintiffs Motion for Summary Judgment (Defendant's Opposition). Defendant Mark Davis, Jr. also filed a Concise Statement of Facts in support of his Opposition.

On March 17, 2006, Plaintiff filed a Reply to the Defendant Mark Davis, Jr. and Intervenors' Oppositions.

On March 22, 2006, Intervenors filed an Ex Parte Motion requesting leave to file a Supplement to Intervenors' Opposition with the supplement attached as Exhibit 1. The Court granted the Motion on March 23, 2006 and granted leave for Plaintiff to reply to the Supplement to Intervenors' Opposition.

On March 24, 2006 Plaintiff filed a Reply to the Supplement to Intervenors' Opposition.

The parties appeared before the Court for a hearing regarding Plaintiffs Motion for Summary Judgment on March 28, 2006.

On March 29, 2006, at the Court's direction, Plaintiff filed a Supplemental Declaration of Attorney Patricia Wall ("Supplemental Wall Declaration") with the underlying state criminal complaint against Mark Davis, Jr., Cr. No. 05-1-0182, and the related June 7, 2005 criminal judgment entitled "Judgment of Acquittal and Order Committing Defendant to the Custody of the Director of Health" attached as exhibits.

On April 4, 2006, the Court granted leave to all parties to file a memorandum in response to the submission of the certified criminal complaint and criminal judgment.

On April 10, 2006, Defendant Mark Davis, Jr. filed a Memorandum in Response to Plaintiffs Supplemental Filing. On April 11, 2006, Plaintiff filed a Memorandum Regarding Plaintiffs Supplemental Filing, and Intervenors filed their Response to Plaintiffs Supplemental Filing.

On April 20, 2006, the Court issued an Order granting Intervenors and Defendant leave to file rebuttal evidence to the criminal complaint and criminal judgment.

On April 26, 2006, Intervenors filed a declaration of Thomas Tsuchiyama, the Davis family attorney in the underlying state case, with Ellen Pearl Davis' August 25, 2004 Response to the Tadeos' First Request for Answers to Interrogatories and Production of Documents attached as Exhibit 1.

II. Factual History

On September 22, 2003, George L. Tadeo (individually and as special administrator of their daughter Kau'ilani's Estate) and Tumata H. Tadeo (collectively, the "Tadeos" or "Intervenors") filed the underlying action, Tadeo v. Davis, Civ. No. 03-1-0260, which is currently pending in the Circuit Court of the Third Circuit, State of Hawaii. (Motion CSF ¶ 1). In their state court complaint, the Tadeos allege that on or about September 27, 2001, Mark Davis, Jr. ("Mark") "negligently, recklessly and/or intentionally assault[ed]" Kau'ilani Tiarau Lucas-Tadeo ("Kau`ilani"), inflicting traumatic head injuries that resulted in severe pain, mental suffering, and death. (Motion CSF, Ex. 2 ¶¶ 12-13). The Tadeos also allege that Mark Daniel Davis and Ellen Pearl Davis ("Mr. and Mrs. Davis") "negligently and/or recklessly" supervised Mark and that their failure of supervision directly and proximately resulted in Mark's alleged assault upon Kau'ilani. (Motion CSF, Ex. 2 ¶¶ 20-26). The Tadeos seek general and special damages based on their claims of assault, infliction of emotional distress, wrongful death, parental liability (pursuant to Haw.Rev.Stat. § 577-3), and negligent supervision. (Motion CSF, Ex. 2 ¶ 27).

Plaintiff issued a Deluxe Homeowners Policy to Mr. and Mrs. Davis, Policy Number 064490342 (the "Policy"). (Motion CSF ¶ 5). The Policy was in effect on September 27, 2001, the date of Mark's alleged assault on Kau'ilani. (Motion CSF ¶ 6). On or about March 9, 2004, Mr. and Mrs. Davis tendered the defense of the underlying action to Plaintiff through its agent. (Motion CSF ¶ 11). Plaintiff alleges that this was the first notice that it received of the Tadeos' claims. (Motion CSF ¶ 11). Plaintiff has provided a defense to its insureds in the State Court Action under a reservation of rights. (Motion CSF ¶ 12).

On June 7, 2005, the State of Hawaii charged Mark Davis, Jr. with one count of Murder in the Second Degree1 in violation of H.R.S. §§ 707-701.5, 706-657, and two counts of Sexual Assault in the First Degree2 in violation of H.R.S. §§ 707-730(1)(b), 706-660 in the Circuit Court of the Third Circuit. In the State's complaint, Cr. No. 05-1-0182 ("Criminal Complaint"), the State alleged that Mark Davis, Jr. "intentionally or knowingly caused the death of another person, Kau'ilani Lucas-Tadeo, a minor age 6, in a manner that was especially heinous, atrocious, or cruel, manifesting exceptional depravity." (Supplemental Wall Declaration, Ex. 4 at 1).

On June 7, 2005, after a jury-waived trial, the court entered a judgment of acquittal and ordered Mark Davis, Jr. be committed to the custody of the Director of Health ("Criminal Judgment"). Based on the evidence presented at trial, the court concluded that the State had proven "the elements of the charges of Murder in the Second Degree, Sexual Assault in the First Degree and Sexual Assault in the First Degree against Defendant as set forth in the Complaint, filed herein June 7, 2005, beyond a reasonable doubt." (Supplemental Wall Declaration, Ex. 5 at 1). However, the Court also concluded that the Defendant had proven by the preponderance of the evidence that "at the time he committed the acts which resulted in the charges, Defendant suffered from a physical or mental disease, disorder or defect which substantially impaired his capacity to conform his conduct to the requirements of the law and his capacity to appreciate the wrongfulness of his conduct." (Supplemental Wall Declaration, Ex. 5 at 2). As a result, the Court acquitted Mark of the charged offenses "on the ground of mental disease, disorder or defect" and committed him to the custody of the Department of Health. (Supplemental Wall Declaration, Ex. 5 at 2).

STANDARD

The purpose of summary judgment is to identify and dispose of factually unsupported claims and defenses. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Summary judgment is therefore appropriate when the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law."3 Fed. R.Civ.P. 56(c); Querubin v. Thronas, 107 Hawaii 48, 56, 109 P.3d 689, 697 (Haw. 2005).

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