2009 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

12-18-2009

Certain Underwriters at Lloyds v. Bunker Hill View

Guest House I

Precedential or Non-Precedential: Non-Precedential

Docket No. 09-1295

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Recommended Citation

"Certain Underwriters at Lloyds v. Bunker Hill View Guest House I" (2009). 2009 Decisions. Paper 69.

http://digitalcommons.law.villanova.edu/thirdcircuit_2009/69
NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 09-1295

___________

CERTAIN UNDERWRITERS AT LLOYD'S LONDON

SUBSCRIBING TO POLICY NO. CPG 1239

v.

BUNKER HILL VIEW GUEST HOUSE INC, 

A/K/A Angela Rawlins,

D/B/A Bunker Hill Hotel,

 Appellant

___________

On Appeal from the District Court of the Virgin Islands

(D.C. Civil Nos. 3-08-cv-00026, 3-08-cv-00027 )

District Judge: The Honorable Curtis V. Gomez

___________

Submitted Under Third Circuit LAR 34.1(a)

December 3, 2009

Before: McKEE, FUENTES, and NYGAARD, Circuit Judges.

Filed: December 18, 2009

___________

OPINION OF THE COURT

___________

NYGAARD, Circuit Judge.
2

Because our opinion is wholly without precedential value, and because the parties

and the District Court are familiar with its operative facts, we offer only an abbreviated

recitation to explain why we will affirm the order of the District Court.

Lloyd’s of London issued a commercial general liability policy to Angela Rawlins

d/b/a Bunker Hill Hotel. The policy contained general liability provisions that covered

bodily injuries or property damage caused by an occurrence within the coverage territory.

Among the endorsements modifying the policy was one that stated that the insurance

policy does not apply to assault and battery, regardless of intent, or any act or failure to

prevent or suppress such assault and battery or physical altercation “caused by the

insured, an employee, a patron or any other person.” The policy also excluded damages

arising out of “allegations of . . . any act, error or omission relating to such assault and/or

battery or physical altercation.” 

Lloyd’s filed a declaratory judgment action, and the instant summary judgment

motion, to establish that it did not have a duty to defend the insured in actions brought by

a representative of Sherrit James, deceased, and Daren Stevens who had rented a room at

the hotel. Our review is plenary. Torretti v. Main Line Hospitals, Inc., 580 F.3d 168, 172

(3d Cir. 2009). 

The underlying suits arose from the murder of James and the gunshot wounds

sustained by Stevens when they were in their room at the hotel. The murder and wounds

were at the hand Joel Dowdye, a former police detective, who was previously in a
3

relationship with James. The complaints allege negligence against the hotel, its

employees and agents. Specifically, the complaints assert that the hotel negligently

allowed Dowdye into the hotel, told him the room in which Stevens and James could be

found, and failed to warn Stevens and James that Dowdye was on the premises. 

The District Court determined that the policy language expressly excludes the

liability asserted in the underlying case against the Bunker Hill Hotel. As a result, the

District Court ruled in favor of Lloyd’s, establishing that it does not have a duty to defend

the insured against the liability asserted by Stevens and the representative of James. 

After a thorough review of the record, we agree with the District Court’s ruling. 

Therefore, for essentially the same reasons expressed by the District Court we will

affirm the order.