Legal Opinion

Holiday Hospitality Franchising, Inc. v. Amco Insurance Company

Indiana Supreme Court

Decided March 6, 2013No. 33S01-1206-CT-312PublishedCited by 67 opinions

1Opinion of the Court

DAVID, Justice.

A motel and an insurance company entered into an insurance contract that specifically excluded several categories of injury and harm — including harm resulting from acts of sexual molestation by motel employees. After an off-duty motel employee (now convicted for his crimes) molested a young motel guest, the motel’s insurer sought a declaratory judgment to enforce its reading of the contract disclaiming coverage for, and its duty to defend against, a civil complaint brought by the motel guest. The trial court granted summary judgment in favor of the insurer, and the Court of…

2Cases cited13 opinions

  1. Colonial Penn Insurance v. GuzorekIndiana Supreme Court · 1997
  2. First Federal Savings Bank of Indiana v. Key Markets, Inc.Indiana Supreme Court · 1990
  3. Community Action for Greater Middlesex County, Inc. v. American Alliance InsuranceSupreme Court of Connecticut · 2000
  4. Woodruff v. Indiana Family & Social Services AdministrationIndiana Supreme Court · 2012
  5. American Family Mut. Ins. Company v. BentleyIndiana Court of Appeals · 1976

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3Cited by67 opinions

  1. Erie Indemnity Company, as Attorney-in-Fact for the Subscribers at Erie Insurance Exchange v. Estate of Brian L. Harris, by Its Special Representative, Laura Harris, and Anna Marie HarrisIndiana Supreme Court · 2018
  2. American Family Mutual Insuran v. David WilliamsCourt of Appeals for the Seventh Circuit · 2016
  3. AM General LLC v. James A. ArmourIndiana Supreme Court · 2015
  4. Howard Justice v. American Family Insurance CompanyIndiana Supreme Court · 2014
  5. In Re: Indiana State Fair Litigation, Mid-America Sound Corporation v. Indiana State Fair Commission, Jill PoletIndiana Supreme Court · 2016

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