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Allstate Vehicle & Prop. Ins. Co. v. Mars

Underlying Action's IIED Claim Not 'Accident', 'Occurrence' Triggering Coverage by Insurer

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MEMORANDUM AND ORDER INTRODUCTION Plaintiff Allstate Vehicle and Property Insurance Company (“Allstate”) brings this action against the captioned Defendants for a declaratory judgment that it is not obligated to defend or indemnify M.M., the minor son of its insureds, Defendants Krysztof and Dorota Mars (the “Mars”), in an underlying action brought against him1 by Defendants Willie and Ursula Moore on behalf of their minor children D.W.M. and D.D.M. (the “Moores,” and together with the Mars, “Defendants”). Presently before the Court is Allstate’s motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). [DE 28]. For the reasons set forth below, Allstate’s motion is GRANTED. BACKGROUND The following facts from the Amended Complaint and materials properly considered on Allstate’s motion are taken as true for the purposes of this Order and are construed in a light most favorable to the Defendants, the non-movants. Hayden v. Paterson, 594 F.3d 150, 160-61 (2d Cir. 2010); Faison v. Maccarone, 2012 WL 681812, at *1 (E.D.N.Y. Mar. 1, 2012) (Bianco, J.). In the underlying action, D.W.M. ex rel. Moore v. St. Mary School, No. 2:18-cv-3099 (E.D.N.Y.) (the “Underlying Action”), the Moores allege M.M. cyber-bullied his classmates D.W.M. and D.D.M. with racist and threatening photographs, creating a situation which their school subsequently failed to remedy. (Am. Compl.

15-17 (“AC”) [DE 16]). The Underlying Action Complaint asserted causes of action based on 42 U.S.C. §§1981, 1983, 1985, 1986, 2000a, 2000d, as well as New York state common law negligence, intentional infliction of emotional distress (“IIED”), negligent infliction of emotional distress, prima facie tort, and breach of contract. (Id. 18; Re-Refiled Second Am. Verified Compl.

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