Evanston Insurance Company v. Narconon of Georgia, RTC, ABLE, Narconon International, et. al.

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Evanston Insurance Company
v.
Narconon of Georgia, Inc.,Religious Technology Center, Inc., Association for Better Living and Education, Inc., Narconon International, Benjamin Burgess, Rhonda Burgess, Heidi Howard, Joyce Martin, Beth Karampelas, Terri Dacy and Michael Dacy

Filed under: Georgia, Narconon of Georgia, Norcross, GA, United States

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION
Case Number: 1:13-cv-02871-SCJ
Date: August 28, 2013
Plaintiff's Attorney(s): Paul Lindsey Fields, Jr. and Jennifer W. Wolak of Fields Howell Athans & McLaughlin LLP; Elena Helen Eisenstein of Alston & Bird LLP
Defendant's Attorney(s): unknown
Disposition: Settled

Summary:

Evanston Insurance Company seeks a declaratory judgment that professional liability policy no. SM-887805 (the “Policy”) issued to Narconon of Georgia, Narconon International, and Association of Better Living and Education (ABLE) is void ab initio (from the start), or alternatively, that Evanston has no duty to defend and/or indemnify Narconon or ABLE in the class action lawsuit, Benjamin Burgess et al v. Religious Technology Center Inc. et al.

Additional Info:

Counts are:
COUNT ONE – DECLARATORY JUDGMENT: THE POLICY IS VOID AB INITIO
COUNT TWO – DECLARATORY JUDGMENT: IN THE ALTERNATIVE, THE DEFINITION OF PROFESSIONAL SERVICES BARS COVERAGE
COUNT THREE – DECLARATORY JUDGMENT: DISHONEST, FRAUDULENT, CRIMINAL ACTS EXCLUSION BARS COVERAGE
COUNT FOUR – DECLARATORY JUDGMENT: THE DEFINITION OF “DAMAGES” BARS OR LIMITS COVERAGE
COUNT FIVE – DECLARATORY JUDGMENT: WARRANTY EXCLUSION BARS OR LIMITS COVERAGE
COUNT SIX – DECLARATORY JUDGMENT: CONTRACT EXCLUSION BARS OR LIMITS COVERAGE
COUNT SEVEN – DECLARATORY JUDGMENT: ACTS PRE-RETROACTIVE DATE NOT COVERED
COUNT EIGHT – DECLARATORY JUDGMENT: RICO EXCLUSION BARS RICO CLAIMS
COUNT NINE – DECLARATORY JUDGMENT: ADDITIONAL INSURED ENDORSEMENT LIMITS CLAIMS

List of Exhibits to Initial Complaint:
Exhibit A: Class Action Complaint, Benjamin Burgess, Rhonda Burgess, Heidi Howard, Joyce Martin, Beth Karampelas, Terri Dacy and Michael Dacy v. Religious Technology Center, Inc., Association for Better Living and Education, Inc., Narconon International, and Narconon of Georgia, Inc.

Exhibit B: Evanston Insurance Company's insurance policy with Narconon of Georgia, also covering Narconon International and Association for Better Living and Education, Inc.

Exhibit C: Narconon's application for Mental Health/Mental Retardation Facilities Professional Liability (Claims Made Coverage)

Exhibit D: Emails between James Morales of Markel Corporation West Region (on behalf of Evanston Insurance Company) and Sheryl Smith of AmWins Insurance (Narconon's retail agent)

Exhibit E: Georgia Department of Community Health Statement of Deficiencies and Plan of Correction for Narconon of Georgia from inspection done on May 29, 2012

Exhibit F: Summons for all defendents

Exhibit G: Civil Cover Sheet

Local Link(s) to Lawsuit Documents:

Alternate Link(s) to Lawsuit Documents:

More information about these Narconon locations:
Georgia, Narconon of Georgia, Norcross, GA, United States