ST. LOUIS - U.S. District Judge Henry Autrey of the Eastern District of Missouri has granted a defense motion to dismiss claims of an insurer that refused to pay homeowner coverage in a molestation case.
According to the Jan. 23 ruling, Safeco Insurance brought action against the mother of a minor girl identified as S.M.S. in the ruling, and Randall Tramp, after an attorney for the girl made a demand for coverage under Tramp's homeowners' insurance policy.
The ruling states that Tramp pleaded guilty on Oct. 13, 2016 to molesting the girl for several years, including during the period of Dec. 1, 2014 to Dec. 1, 2015 -- when Safeco had insured Tramp under a homeowners' policy.
The attorney for the girl, George Tillman, filed a civil suit against Tramp in state court, a case that is set to go to trial on April 16.
Safeco's suit based on the Declaratory Judgment Act claimed that coverage for the damages sought by S.M.S. and her mother was not available.
The defendants did not answer the suit or enter their appearance, and thereafter default judgment was entered against Tramp and the girl's mother, the ruling states.
The court then appointed Jeffrey Russell as a guardian ad litem for S.M.S. to show cause why default should not be entered.
After Russell and Tillman convened, Tillman told counsel for Safeco that it did not intend to pursue coverage under the homeowners' policy.
Russell then sought dismissal of Safeco's claims against S.M.S. as moot.
"The Court concludes that, because defendant S.M.S. has withdrawn her prior demand for coverage, there is no longer an actual controversy between her and plaintiff," Autrey wrote. "Defendant’s motion to dismiss will be granted.
"The Court extends its gratitude to Mr. Russell for accepting the appointment as guardian ad litem and for his invaluable assistance in resolving this case."