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Allstate Indemnity Co. v. Pacheco

United States District Court, W.D. Washington, Tacoma

January 12, 2015

ALLSTATE INDEMNITY COMPANY, Plaintiff,
v.
KARYSSA MARIE PACHECO, a single adult woman; FRANK XAVIER DAVALOS and JANE DOE DAVALOS; KITSAP COUNTY SHERIFF'S OFFICE; and SOUTH KITSAP SCHOOL DISTRICT #402, Defendants.

ORDER GRANTING PLAINTIFF ALLSTATE INDEMNITY COMPANY'S MOTION FOR SUMMARY JUDGMENT

KAREN L. STROMBOM, Magistrate Judge.

This matter comes before the Court on the filing a motion for summary judgment by plaintiff Allstate Indemnity Company ("Allstate"). The parties have consented to have this matter heard by the undersigned Magistrate Judge pursuant to 28 U.S.C. ยง 636(c), Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 73 and Local Rule MJR 13. After having reviewed Allstate's motion and the remaining record, the Court finds that for the reason set forth below Allstate's motion should be granted.

FACTUAL AND PROCEDURAL HISTORY

On November 1, 2013, an amended complaint for personal injuries, negligence, abuse, exploitation, and sexual assault was filed by defendant Karyssa Marie Pacheco ("Pacheco") in Kitsap County Superior Court. See ECF #21-1. In that complaint, Pacheco alleged that on or between January 2005 through January 2007, Davalos "did have repeated intentional unwanted sexual contact with" her "while she was in her home and while in the [Kitsap County] Sheriffs' [sic] vehicle provided to... Davalos, " and that such contact constituted sexual assaults. Id. at pp. 2-3. Pacheco also alleged that she "was sexually assaulted by... Davalos, as least once while he was taking her home from school, " and that defendant Kitsap School District #402 - for which Davalos "was the school resource officer" - "allowed [him] to take [Pacheco] home, even after [her] mother and... Davalos started a dissolution action." Id. at p. 3.

During the period at issue in Pacheco's complaint, January 2005 through January 2007, three homeowners insurance policies Allstate issued to Davalos were in effect. See ECF #21-2, #21-3, #21-4. Each policy provided in relevant part:

1. "You" or "your" - means the person named on the Policy Declarations as the insured and that person's resident spouse.
...
3. "Insured person(s)" - means you and, if a resident of your household;
a) any relative; and
b) any dependent person in your care.
...
4. "Bodily Injury" - means physical harm to the body...
...
9. "Occurrence" - means an accident, including continuous or repeated exposure to substantially the same general harmful conditions during the policy period, resulting in bodily injury...
...
Insuring ...

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