Miller v. Allstate Insurance

ORDER GRANTING MOTION TO DISMISS

Alison Miller and Cecily Callan (“Plaintiffs”) brought suit against Allstate Insurance Co. for failure to defend and indemnify their grandmother as several Allstate insurance policies provided. After removal from the San Diego Superior Court, Allstate moved to dismiss under Federal Rule of Civil Procedure 12(b)(6). The court decides the matter without oral argument. See Civil Local Rule 7.1(d.l). Because the grandmother’s potential liability stemmed from her husband’s sexual assault — intentional, not accidental, conduct — the insurance company owed no duty to defend. Accordingly, the court will GRANT Allstate’s motion.

I. Factual & Procedural Background

The facts giving rise to this case are undeniably abhorrent. David Combs molested his young granddaughters repeatedly and unremittingly over the course of their childhood. Myriam Combs, their grandmother, stood by either unaware of his conduct or unwilling to stop it. The granddaughters — having repressed the memories until adulthood, and having kept quiet, even to one another, about their common suffering — courageously came forward. They sought damages for sexual assault, battery, intentional…