ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY v. DOE BY AND THROUGH ROE (2020)

Mary Roe and Jane Doe (collectively, “Roe/Doe”) appeal the district court's orders granting summary judgment to Allstate Vehicle and Property Insurance Company (“Allstate”). The district court concluded that Allstate had no duty to defend or indemnify Roe/Doe's claims against Joseph Stephen Hunter, Sr., who allegedly sexually abused Jane Doe for nearly 10 years, and Rose Wadford Hunter, who Roe/Doe claim knew of and failed to prevent the abuse. We have reviewed the parties’ briefs and find no reversible error.

Roe/Doe do not dispute the district court's findings as to Joseph Hunter; they challenge only the court's grant of summary judgment on their negligence, breach of fiduciary duty, and defamation claims against Rose Hunter. The district court properly accepted Roe/Doe's factual allegations from the underlying state complaint and granted summary judgment applying settled state law. The court also correctly held that Allstate had no duty to defend and indemnify Roe/Doe's defamation claims against Rose Hunter, since Roe/Doe themselves alleged that Rose Hunter's actions were intentional. See Miller v. Fid.-Phx. Ins. Co., 268 S.C. 72, 231 S.E.2d 701, 702 (1977). Finally, the district court correctly held that Allstate had no duty to defend and indemnify Roe/Doe's negligence claims against Rose Hunter, based on the South Carolina Supreme Court's conclusion that “the Hunter policy unambiguously denies coverage to Rose Hunter where Joseph Hunter has been barred from coverage.” Allstate Vehicle & Prop. Ins. Co. v. Hunter, 425 S.C. 246, 821 S.E.2d 493, 494 (2018) (alterations omitted).

Accordingly, we affirm the district court's orders. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.