Zurich American Insurance Company v. Baez

• Decision Date: 09 February 2022
• Docket Number: CIVIL ACTION NO. 4:21-10675-TSH
• Citation: 585 F.Supp.3d 115
• Parties: ZURICH AMERICAN INSURANCE COMPANY and American Guarantee and Liability Insurance Company, Plaintiffs, v. Christian BAEZ and Yira Reyes, Defendants.
• Court: U.S. District Court — District of Massachusetts

585 F.Supp.3d 115

ZURICH AMERICAN INSURANCE COMPANY and American Guarantee and Liability Insurance Company, Plaintiffs,
v.
Christian BAEZ and Yira Reyes, Defendants.

CIVIL ACTION NO. 4:21-10675-TSH

United States District Court, D. Massachusetts.

Filed February 9, 2022

Lincoln A. Rose, Scarlett M. Rajbanshi, Peabody & Arnold LLP, Boston, MA, for Plaintiffs.

Jeffrey S. Ahearn, Jeffrey S. Ahearn, Attorney at Law, P.C., Charlestown, MA, for Defendant Yira Reyes.

ORDER AND MEMORANDUM ON PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT (Docket No. 21)

HILLMAN, D.J.

585 F.Supp.3d 116

Plaintiffs Zurich American Insurance Company ("Zurich") and American Guarantee and Liability Insurance Company ("AGLIC") commenced this action for declaratory relief against defendants Christian Baez and Yira Reyes. In an underlying action filed in Massachusetts Superior Court -- Yira Reyes v. Christian Baez and Sheehan's Towing, LLC , Civil Action No. 2077CV1281 -- Reyes alleges that Baez sexually assaulted her. Baez is currently incarcerated on charges related to the sexual assault. At the time of the assault, Baez was employed by Sheehan's Towing, LLC ("Sheehan's Towing"), which had insurance policies issued by Zurich and AGLIC. Here, Zurich and AGLIC seek a declaratory judgment stating that they are not obligated to defend and/or indemnify Baez in the underlying state court action. Zurich and AGLIC now move for summary judgment. For the following reasons, the Court grants their motion.

Background

The following facts are undisputed. In December 2020, Reyes sued Baez and Sheehan's Towing in Massachusetts Superior Court for statutory and common law claims stemming from a sexual assault that Baez, while working for Sheehan's Towing, had committed against Reyes. Reyes's state court complaint alleges that early in the morning on December 25, 2017, she was involved in a single motor vehicle accident in Methuen, Massachusetts. Baez, while operating a Sheehan's Towing flatbed tow truck, arrived at the scene. Baez discovered Reyes to be unconscious or otherwise nonresponsive inside her vehicle. Baez took Reyes out of her vehicle, placed her in his truck, and drove off. While driving, Baez attempted, without success, to make Reyes regain consciousness or become responsive. Baez then drove to a dark, secluded, and isolated area. While Reyes remained unconscious, Baez removed Reyes's underwear and "penetrated [her] vagina with his fingers, mouth and tongue." At some point, as he was doing this, Reyes regained consciousness. She yelled at him to stop and to return her to her vehicle; Baez complied. When they arrived back at Reyes's vehicle, police were at the scene. Officers placed Baez under arrest. Baez ultimately pleaded guilty to charges of kidnapping and rape and was sentenced to six to eight years in prison. Reyes alleges one count of negligence against Baez.

At the time of the assault, Sheehan's Towing had a Commercial Auto Policy ("Auto Policy") issued by Zurich. The Auto Policy provided coverage for claims of "bodily injury" caused by an "accident" and "resulting from the ownership, maintenance or use" of a covered "auto." The tow truck used by Baez on the night of the assault was a covered auto. The Auto Policy...