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National Casualty Co. v. Georgia School Boards Association-Risk Management Fund

United States District Court, N.D. Georgia, Atlanta Division

January 24, 2018

NATIONAL CASUALTY COMPANY, Plaintiff,
v.
GEORGIA SCHOOL BOARDS ASSOCIATION-RISK MANAGEMENT FUND, Defendant.

          OPINION AND ORDER

          WILLIAM S. DUFFEY, JR. UNITED STATES DISTRICT JUDGE

         This matter is before the Court on Plaintiff National Casualty Company's (“National”) Motion for Reconsideration [31] and Defendant Georgia School Boards Association-Risk Management Fund's (“Risk Fund”) Motion for Reconsideration [32].

         I. BACKGROUND[1]

         A. Introduction

         This is a dispute between an insurance company and a risk management agency. National and Risk Fund provide overlapping liability coverage to members of a professional association. Each party contends that the other has primary coverage obligations for the liabilities claimed, and that its own coverage obligations are excess.

         B. Background Facts

         National is an insurance company. (Defendant's Statement of Material Facts [22.2] (“DSMF”) ¶ 1). The Professional Association of Georgia Educators (“PAGE”) is a professional association of teachers and administrators. (DSMF ¶ 2). National issued insurance policies to PAGE for the July 1, 2012, to July 1, 2013, and July 1, 2013, to July 1, 2014, periods (together, the “Policies”). (DSMF ¶¶ 3-4). The Policies provide the following liability coverage to PAGE members:

Coverage A-Liability Coverage
The Company will pay on behalf of the insured all sums which the insured shall become obligated to pay by reason of liability imposed by law or for monetary damages resulting from any CLAIM made against the insured arising out of an OCCURRENCE in the course of the activities of the insured in his/her professional capacity and caused by any acts or omissions of the insured or any other person for whose acts the insured is legally liable. The Company shall defend any suit seeking monetary damages which are payable under the terms of the policy, even if such suit be groundless, false or fraudulent; but the Company may make such investigation, negotiation and settlement of any CLAIM or suit as it may deem expedient.

(DSMF ¶¶ 5-6).

         The Policies contain a provision limiting coverage for liabilities covered by “other insurance” (National's “Other Coverage Provision”):

Other Insurance
qThis policy is specifically excess if the insured has other insurance of any kind whatsoever, whether primary or excess, or if the insured is entitled to defense or indemnification from any other source whatsoever, including by way of example only, such sources as state statutory entitlements or provisions. Other insurance includes, but is not limited to, insurance policies, state pools, and programs of self-insurance, purchased or established by or on behalf of any EDUCATIONAL UNIT, to insure against CLAIMS arising from activities of the EDUCATIONAL UNIT or its employees, regardless of whether or not the policy or program provides primary, excess, umbrella or contingent coverage.
In addition, Coverage A [Liability Coverage] is specifically excess over coverage provided by any EDUCATIONAL UNIT'S or school board's errors and omissions or general liability policies, purchased by the insured's employer or former employers, or self-insurance program or state pools, whether collectible or not, and it is specifically excess over coverage provided ...

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