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Erie Ins. Co. v. McKay

Insurer Precluded From Disclaiming Coverage; Long Investigation Unjust

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ADDITIONAL CASES William Lansbury and Amy McKay, Counter Claimants v. Erie Insurance Company, Counter Defendant MEMORANDUM DECISION and ORDER I. INTRODUCTION On October 16, 2020, plaintiff Erie Insurance Company (“Erie” or “plaintiff”) filed a complaint in this District. Plaintiff requests a declaratory judgment that it is not obliged to provide coverage or a defense for defendant Frank McKay (“Frank”) in his own efforts to defend himself against defendants William Lansbury (“Lansbury”) and Amy McKay (“Amy”) (the “claimants”). The claimants were both injured on August 12, 20181 in an accident involving a boat Frank had been piloting. From Erie’s perspective, that accident is subject to a coverage exclusion that relieves it from defending Frank and compensating claimants. But according to Frank and claimants, plaintiff waited far too long in disclaiming coverage, and should be foreclosed from leaving Frank to fend for himself now. On December 15, 2021, both defendant and claimants filed motions for summary judgment under Federal Rule of Civil Procedure (“Rule”) 56. On December 17, 2021, plaintiff filed a summary judgment motion of its own. Those motions, having been fully briefed, will now be decided on the submissions and without oral argument. II. BACKGROUND On August 12, 2018, Amy, her husband Michael McKay (“Michael”), and their friend Lansbury arrived at Michael’s mother’s cottage on Lake Owasco near Auburn, New York.2 Dkt. 33-16, Plaintiff’s Statement of Material Facts (“PSMF”),

1, 3, 6. It was the day of the “Great Race” in Auburn, which apparently is accompanied by a full day of celebration. Id. 1. One participant in the festivities was Frank — Michael’s brother — who spent the day out on the lake on the family boat. PSMF

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