Certain Underwriters at Lloyd's London Subscribing To Policy No. Cpg 1239 v. BUNKER HILL VIEW GUEST HOUSE INC, A/K/A Angela Rawlins, D/B/A Bunker Hill Hotel

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 09-1295
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CERTAIN UNDERWRITERS AT LLOYD'S LONDON
SUBSCRIBING TO POLICY NO. CPG 1239
v.
BUNKER HILL VIEW GUEST HOUSE INC,
A/K/A Angela Rawlins,
D/B/A Bunker Hill Hotel,
Appellant
___________
On Appeal from the District Court of the Virgin Islands
(D.C. Civil Nos. 3-08-cv-00026, 3-08-cv-00027 )
District Judge: The Honorable Curtis V. Gomez
___________
Submitted Under Third Circuit LAR 34.1(a)
December 3, 2009
Before: McKEE, FUENTES, and NYGAARD, Circuit Judges.
Filed: December 18, 2009
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OPINION OF THE COURT
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NYGAARD, Circuit Judge.

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Because our opinion is wholly without precedential value, and because the parties
and the District Court are familiar with its operative facts, we offer only an abbreviated
recitation to explain why we will affirm the order of the District Court.
Lloyd’s of London issued a commercial general liability policy to Angela Rawlins
d/b/a Bunker Hill Hotel. The policy contained general liability provisions that covered
bodily injuries or property damage caused by an occurrence within the coverage territory.
Among the endorsements modifying the policy was one that stated that the insurance
policy does not apply to assault and battery, regardless of intent, or any act or failure to
prevent or suppress such assault and battery or physical altercation “caused by the
insured, an employee, a patron or any other person.” The policy also excluded damages
arising out of “allegations of . . . any act, error or omission relating to such assault and/or
battery or physical altercation.”
Lloyd’s filed a declaratory judgment action, and the instant summary judgment
motion, to establish that it did not have a duty to defend the insured in actions brought by
a representative of Sherrit James, deceased, and Daren Stevens who had rented a room at
the hotel. Our review is plenary. Torretti v. Main Line Hospitals, Inc., 580 F.3d 168, 172
(3d Cir. 2009).
The underlying suits arose from the murder of James and the gunshot wounds
sustained by Stevens when they were in their room at the hotel. The murder and wounds
were at the hand Joel Dowdye, a former police detective, who was previously in a

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relationship with James. The complaints allege negligence against the hotel, its
employees and agents. Specifically, the complaints assert that the hotel negligently
allowed Dowdye into the hotel, told him the room in which Stevens and James could be
found, and failed to warn Stevens and James that Dowdye was on the premises.
The District Court determined that the policy language expressly excludes the
liability asserted in the underlying case against the Bunker Hill Hotel. As a result, the
District Court ruled in favor of Lloyd’s, establishing that it does not have a duty to defend
the insured against the liability asserted by Stevens and the representative of James.
After a thorough review of the record, we agree with the District Court’s ruling.
Therefore, for essentially the same reasons expressed by the District Court we will
affirm the order.

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