Loyola Marymount University v. Hartford Accident & Indemnity Co.

Plaintiffs, Loyola Marymount University and several present and former officers and trustees (hereafter collectively LMU), appeal from a judgment in favor of LMU’s liability insurer, Hartford Accident and Indemnity Company (Hartford), in an action seeking declaratory relief and damages on account of Hartford’s refusal to defend LMU in three lawsuits brought by two terminated employees. Because these lawsuits were not within the scope of Hartford’s duty to defend under its policy, the judgment will be affirmed.

Facts

The lawsuits underlying the present controversy were brought by Michael Callahan, a former tenured professor at LMU, and Marvin Wood, its erstwhile baseball coach.

Callahan was dismissed by LMU after marrying another faculty member while still a Jesuit priest. In response, he brought two actions. His Los Angeles Superior Court complaint alleged causes of action for breach of employment contract, “wrongful discharge,” and violation of the right to privacy of marriage, allegedly secured by article I, section 1 of the California Constitution. Callahan also sued LMU in United States District Court in Los Angeles, alleging discrimination on the basis of religion…