United States District Court, N.D. Oklahoma
OPINION AND ORDER
V. EAGAN, UNITED STATES DISTRICT JUDGE
before the Court are plaintiff/counterclaim defendant Arch
Insurance Company's motion for summary judgment and brief
in support (Dkt. # 22); the motion for summary judgment and
brief in support (Dkt. # 35) filed by
interested-party/counterclaim plaintiff Courtney Elyse
Shillington, Personal Representative of the Estate of Dale
Bryant Shillington; and the motion for summary judgment and
brief in support (Dkt. # 36) filed by defendant/counterclaim
plaintiff Linda Harris, Personal Representative of the Estate
of Randall Lee Harris.
filed this action against Harris and Shillington, seeking a
declaration that the terms of an insurance policy, issued by
Arch to Randall Harris (Mr. Harris), limit to $100, 000
Arch's obligation to indemnify the Harris estate for all
damages, if any, owed to the Shillington estate. Dkt. # 2, at
6-7. Harris and Shillington each filed a counterclaim against
Arch, seeking a declaration that the terms of the policy
limit to $1, 000, 000 Arch's obligation to indemnify the
Harris estate for all damages, if any, owed to the
Shillington estate. Dkt. # 11, at 12; Dkt. # 14, at 2-3. Arch
moved for summary judgment (Dkt. # 22), and Shillington and
Harris each filed a response in opposition to Arch's
motion (Dkt. ## 32, 34). Shillington then moved for summary
judgment (Dkt. # 35). Arch filed a response in opposition to
Shillington's motion (Dkt. # 39), and Shillington filed a
reply (Dkt. # 42). Finally, Harris moved for summary judgment
(Dkt. # 36), and Arch filed a response in opposition to
Harris's motion (Dkt. # 43).
purposes of the motions for summary judgment, the following
facts are undisputed by all parties:
21, 2016, Mr. Harris and 1st Lt. Dale Bryant Shillington (Lt.
Shillington) died in an aircraft accident. Dkt. # 22, at 2.
Mr. Harris and Lt. Shillington were in a Skybolt 300
aerobatic aircraft owned by Mr. Harris. Id.
Defendant Linda Harris is the surviving spouse and personal
representative of the estate of Mr. Harris. Id.
Interested-party Courtney Elyse Shillington is the surviving
spouse and personal representative of the estate of Lt.
Shillington. Id. Lt. Shillington was also survived
by his parents, Kevin and Sue Shillington. Id. at 3.
Interested-party Shillington commenced a wrongful death
lawsuit, individually and as the personal representative and
widow of Lt. Shillington, against the Harris estate in the
District Court for Garfield County, Oklahoma, No.
CJ-2018-162-01. Id. The Shillington estate contends
that Mr. Harris is legally responsible for Lt.
Shillington's death, and the Harris estate denies
liability. Id. At the time of the aircraft accident,
there was in full force and effect Policy NVAVP00834-00, with
a policy period of 12/26/15 to 12/26/16, which had been
issued to Mr. Harris by Arch (“the policy”).
Id. The policy provides Aircraft Hull and Liability
insurance coverage. Id.
the parties dispute the proper interpretation of the policy,
it is undisputed that the policy contains the following
Under SECTION II - BODILY INJURY AND PROPERTY DAMAGE
LIABILITY COVERAGE . . . Damages because of
Bodily Injury include damages claimed by any
person or organization for care, loss of services or death
resulting at any time from the Bodily
Injury. . . .
A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
4. Coverage G - Single Limit Bodily Injury and
Property Damage Liability
We will pay all sums an Insured legally must pay as damages
because of Bodily Injury sustained by any
person (excluding any Passenger unless the
words “including Passengers”
appear in Item 9 of the Declarations) and Property
Damage caused by an Occurrence and
arising out of the:
a. Ownership, maintenance or use of the
b. Maintenance or use of the Premises.
Dkt. # 2-2, at 8-9 (emphasis in original).
of the Declarations, as referenced in Section II.A.4 of the
policy, contains ...