Knowledge Learing Corporation v. National Union Fire Insurance

MEMORANDUM

Umbrella insurer National Union Fire Insurance Company (National Union) appeals the district court’s order granting summary judgment to (a) primary insurer Discover Property & Casualty Insurance Company (Discover) and (b) insured Knowledge Learning Corporation and KinderCare Learning Centers, Inc. (collectively “KLC”). National Union argues that the district court erred when it concluded that six separate lawsuits filed against KLC, each involving allegations of abuse against a different victim, constitute a single “occurrence” under Discover’s policy. We have jurisdiction under 28 U.S.C. §§ 1291 and 1294, and we affirm.

The disputed policy language reads:

(Emphasis added.) National Union contends that the phrase a “series of related acts of abuse” refers only to related acts involving a single victim, such that the lawsuits at issue here — involving six different victims — constitute separate occurrences. KLC maintains that a “series of related acts of abuse” can involve multiple victims, such that the lawsuits at issue here involve a single occurrence. We agree with KLC.

1. Plain Meaning. We begin by looking to the plain meaning of the phrase. See Holloway v.…