United States District Court, N.D. Mississippi, Aberdeen Division
MEMORANDUM ORDER AND OPINION
M. BROWN, UNITED STATES DISTRICT JUDGE
the Court in this declaratory judgment action is Wesco
Insurance Company's motion for summary judgment. Doc.
Rule 56 of the Federal Rules of Civil Procedure,
“[s]ummary judgment is proper only if the pleadings and
record materials reveal no genuine issue as to any material
fact.” Renwick v. PNK Lake Charles, L.L.C.,
901 F.3d 605, 611 (5th Cir. 2018). “A material fact is
one that might affect the outcome of the suit under governing
law, and a fact issue is genuine if the evidence is such that
a reasonable jury could return a verdict for the non-moving
party.” Id. (quotation marks and citations
omitted). In making these determinations, a court “must
view the evidence in the light most favorable to the
non-moving party, drawing all justifiable inferences in the
non-movant's favor.” Id. (quotation marks
and alterations omitted). “The party moving for summary
judgment bears the burden of identifying the portions of the
record that demonstrate the absence of a genuine issue of
material fact, and the nonmovant must then point to or
produce specific facts demonstrating that there is a genuine
issue of material fact.” James v. Woods, 899
F.3d 404, 407 (5th Cir. 2018) (quotation marks and citation
omitted). “Where the nonmoving party bears the burden
of proof at trial, the moving party satisfies this initial
burden by demonstrating an absence of evidence to support the
nonmoving party's case.” Celtic Marine Corp. v.
James C. Justice Cos., Inc., 760 F.3d 477, 481
(5th Cir. 2014).
Background and Procedural History
Landscape Group, LLC was formed in May 2012 to provide
landscape construction and maintenance services. Doc. #47-2
at 6-7, 23-24. Since the company's inception, Gerald
Sellers has served as president and landscape architect.
Id. at 6.
2013, Wesco issued Archer Landscape an insurance policy
(“Policy”) that provided liability coverage from
July 2, 2013, through July 2, 2014. Doc. #38-2. The Policy
states in relevant part:
SECTION I - COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally
obligated to pay as damages because of “bodily
injury” or “property damage” to which this
insurance applies. We will have the right and duty to defend
the insured against any ‘suit' seeking those
damages. However, we will have no duty to defend the insured
against any ‘suit' seeking damages for
‘bodily injury' or “property damage” to
which this insurance does not apply.
. . .
b. This insurance applies to “bodily injury” and
“property damage” only if:
(1) The “bodily injury” or “property
damage” is caused by an “occurrence” that
takes place in the “coverage territory”;
(2) The “bodily injury” or “property
damage” occurs during the policy period
. . .
This insurance does not apply to:
. . .
e. Employer's Liability
“Bodily injury” ...