KANSAS CITY – A federal judge has ruled there is no coverage under a homeowners' insurance policy for a minor's allegations of sexual misconduct against a female teacher.
On March 11, Judge Roseanne Ketchmark of the U.S. District Court for the Western District of Missouri, Southwestern Division granted in part Safeco Insurance Co. of America's motion for declaratory judgment filed against Amanda Ruth and Jonah Schweitzer, minor C.A. and Christy Owens.
Ketchmark granted in part the motion for judgment on the pleadings in regards to defendants C.A. and Owens and directed Safeco to show cause as to why its case against the Schweitzers should not be dismissed for failure to prosecute. Safeco has until Wednesday, April 10 to present its case.
The ruling states the Schweitzers were sued by Owens and C.A. in state court over allegations of negligent infliction of emotion distress, false imprisonment and negligence. Amanda Schweitzer was a middle school teacher for the 2016-2017 academic year at North Middle School in the Joplin School District, the ruling states.
"C.A.’s civil action stems from the allegation that Amanda groomed and subsequently engaged in sexual intercourse with C.A. Amanda has been charged with crimes for her alleged sexual misconduct," the ruling states.
According to the ruling, the Schweitzers are insured under a Safeco homeowners' insurance policy and Owens and C.A. demanded a payment of policy proceeds. Safeco filed the declaratory judgment and argued that the policy did not cover any such claims filed against the Schweitzers.
Safeco argued that "there is no insurance coverage available to the perpetrator of sexual abuse of a minor for her misconduct," the ruling states.
The insurance company also argued that "coverage is excluded for both Amanda and Jonah under three different exclusions; the expected/intended injury exclusion, the violation of criminal law exclusion, and the physical, mental, or sexual abuse exclusion," according to the ruling.
Ketchmark ruled that indeed there was no coverage under the homeowners' policy that would cover such claims filed against the Schweitzers. She also ruled that there was no coverage of C.A.'s claims under the policy because of unambiguous terms.