Pilz v. Monticello Ins. Co.

Monticello Insurance Company issued a liability insurance policy to Joy’s Playschool/Child Care, Inc., a day care center owned by Andrew Dave Pilz and Joy Pilz. The issue on appeal is whether Monticello has a duty to defend Joy’s Playschool and the Pilzes against a suit for damages by James Thibodeau and Michelle Thibodeau, in their individual capacities and as next friends of their minor child, Tyler Thibodeau. According to the underlying complaint, Tyler Thibodeau was enrolled in Joy’s Playschool on January 15, 1997. The complaint alleges that on that date Dave Pilz, acting as the disciplinarian for the day care center, took Tyler Thibodeau to a shed, “during which time Dave Pilz verbally and physically attacked Tyler Thibodeau, bloodied his nose, and caused several injuries, both mental and physical, to the person of Tyler Thibodeau.” After being served with the complaint, the Pilzes notified Monticello and demanded that Monticello provide a defense to the Thibodeaus’ lawsuit.

Monticello subsequently filed a complaint against the Pilzes, the Thibodeaus, and Joy’s Playschool seeking a declaratory judgment that its insurance policy did not provide coverage for the Thibodeaus’ claims and that Monticello had no duty to defend the Pilzes or Joy’s Playschool in the underlying litigation. The trial court granted summary judgment to Monticello. The Pilzes appeal the trial court’s grant of summary judgment to Monticello in Case No. A04A0140, and the Thibodeaus appeal the trial court’s grant of summary judgment to Monticello in Case No. A04A0141. These appeals have been consolidated.