Knowledge Learning Corp. v. Nat'l Union Fire Ins. Co., 2010 U.S. Dist. LEXIS 127506 (D. Or. Nov. 29, 2010)
Attorneys Diane Polscer and Brian Hickman represented primary insurer Discover Property & Casualty Insurance Company (“Discover”) in this lawsuit which pitted the insured and its primary insurer against excess insurer National Union. The dispute concerned the number of “occurrences” arising from multiple lawsuits alleging multiple instances of abuse by the same employees against multiple children in a day care center. Both the insured and Discover sought to establish that the lawsuits constituted only one “occurrence” and that, therefore, the National Union policy was obliged to defend all remaining lawsuits following a settlement of the first lawsuit which exhausted the one “occurrence” limit in the Discover policy. The insured filed for summary judgment and Discover joined in and supported that motion. Summary judgment was granted based on the related nature of the alleged incidents of abuse and the unique policy language at issue.