United States District Court, D. Oregon, Portland Division
Lether Eric J. Neal Lether and Associates, PLLC Attorneys for
Randall Vogt Barbara C. Long Vogt & Long PC, Robert E.L.
Bonaparte Shenker & Bonaparte, LLP Attorneys for
Defendant Brice Lemke
C. Dumas Ashley L. Vaughn Dumas Law Group, LLC Attorneys for
Defendant Michelle Moore
T. Schauermann Hitt Hiller Monfils Williams LLP Attorney for
Defendant Mother Earth School
OPINION & ORDER
A. HERNÁNDEZ UNITED STATES DISTRICT JUDGE
the Court is Plaintiff United States Fire Insurance
Company's motion for summary judgment. For the reasons
that follow, the motion is DENIED.
Mother Earth School was an outdoor pre-school and elementary
school in Multnomah County, Oregon. Postlewaite Decl. Ex. 2
¶ 2, ECF 47-1. Defendants B.L., S.M. 1, and S.M. 2 were
students at the Mother Earth School. Id. ¶ 4;
Postlewaite Decl. Ex. 3 ¶ 6. In June 2018, Defendant
Lemke, as guardian ad litem for B.L., filed suit
against Defendant Mother Earth School in state court,
alleging that B.L. was the victim of sexual and non-sexual
misconduct at the Mother Earth School. Postlewaite Decl. Ex.
1. In March 2019, Defendant Moore, as guardian ad
litem for S.M. 1 and 2, filed suit against the Mother
Earth School in state court, alleging that S.M. 1 and 2 were
also victims of sexual and non-sexual misconduct at the
Mother Earth School. Postlewaite Decl. Ex. 3. This sexual and
non-sexual misconduct was allegedly committed by at least one
other child who attended the Mother Earth School. Postlewaite
Decl. Ex. 2, Ex. 3.
time of the alleged misconduct, Defendant Mother Earth School
was insured through a policy issued by Plaintiff. Postlewaite
Decl. Ex. 8. This policy contains a coverage limit for abuse
and molestation claims brought during the policy's
period. Id. at 19. Specifically, the policy provides
This insurance does not apply to “bodily injury”,
“property damage” or personal and advertising
injury” arising out of the actual or threatened abuse
or molestation by anyone of any person.
However, subject to all other terms of the policy, this
exclusion does not apply to claims against an insured for
failing to prevent or stop any abuse or molestation, provided
the insured did not:
(1) participate in the abuse or molestation; or
(2) remain passive upon gaining actual or constructive
knowledge of the abuse or molestation.
Id. at 20. A claim that arises out of or is related
to actual or threatened abuse or molestation that is not
excluded under these terms is limited to
$100, 000 or another specified amount up to the maximum
amount of $1, 000, 000, ...