Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

North Carolina Farm Bureau Mutual Insurance Co. Inc. v. Phillips

Court of Appeals of North Carolina

October 3, 2017

NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Plaintiff,
v.
BEVERLY LEE PHILLIPS, VICTORIA PHILLIPS, and JOHN DOE 236, Defendants.

          Heard in the Court of Appeals 16 November 2016.

         Appeal by plaintiff from judgment entered 12 April 2016 by Judge G. Bryan Collins, Jr. in Superior Court, Wake County No. 15 CVS 4738

          Young Moore and Henderson P.A., by Walter E. Brock, Jr. and Andrew P. Flynt, for plaintiff-appellant.

          Batch, Poore & Williams, PC, by J. Patrick Williams, for defendant-appellee Beverly Lee Phillips and Victoria Phillips.

          Jeff Anderson & Associates, P.A., by Gregg Meyers, pro hac vice, and Copeley Johnson & Groninger PLLC, by Leto Copeley, for defendant-appellee John Doe 236.

          STROUD, Judge.

         Plaintiff North Carolina Farm Bureau Mutual Insurance Company, Inc. appeals a judgment ordering it to defend and indemnify defendants Beverly Lee Phillips and Victoria Phillips under the insurance policy plaintiff issued to them. We reverse and remand.

         I. Background

         The background of this case is provided by the trial court's judgment and is not at issue on appeal:

1. Farm Bureau issued policy FO 1051463 to
Beverly Lee Phillips and Vicki O. Phillips as named insureds effective January 11, 2008. The policy has been renewed annually and amended from time to time through January 11, 2016.
. . . .
5. Beverly Lee Phillips was charged with various sexual offenses which occurred over a period of time against the minor child of John Doe 236, referred to in this order as KGK.
6. From those various charges, Beverly Lee Phillips agreed to plead guilty to two counts of taking indecent liberties with KGK (a violation of N.C. G.S. 14-202.1) and two counts of sexual activity by a substitute parent (a violation of N.C. G.S. 14-27.7[a]).
7. The date of the offenses pertinent to the plea were within the 2008 policy year: May 1, 2008 and August 7, 2008. The date on which the cause of action for John Doe 236 arose was in the 2012 policy year, when he learned of the abuse of KGK.
8. John Doe 236 is a pseudonym for the father of KGK. John Doe 236 filed a civil action in Chatham County Superior Court against Beverly Lee Phillips and Victoria Phillips: John Doe 236 v. Beverly Lee Phillips and Victoria Phillips, 14 CVS 885, Chatham County Superior Court (the Chatham County Action). That complaint alleges one cause of action for negligence and one cause of action for loss of services.
9. The Chatham County Action alleges in its statement of the "Nature of the Wrongdoing" that "Beverly Phillips was convicted of indecent liberty with [John Doe 236's] minor child;" that "Beverly Lee Phillips was charged and convicted for the sexual battery of the [John Doe 236's] minor child;" and that "[t]his case is about sexual battery made against [John Doe 236's] child by Beverly Lee Phillips, and the negligence of Victoria Phillips to entrust that minor with Beverly Lee Phillips."
10. The First Cause of Action of the Chatham County Action alleges in pertinent part that "Defendant Victoria Phillips was negligent in failing to properly supervise Beverly Lee Phillips, or warn [John Doe 236] about the assailant;" that "as a result of the conduct of the Defendants, [John Doe 236's] child suffered damage, and that damage also impeded the relationship between [John ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.