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Padgett v. South Carolina Insurance Reserve Fund5/22/2000
Appeal From Richland County L. Henry McKellar, Circuit Court Judge
Heard September 8, 1999
AFFIRMED
In this declaratory judgment action, Thaje Padgett, a student at South Carolina State University, sought to determine whether a South Carolina Insurance Reserve Fund (IRF) policy covered sexual harassment and an assault committed against her by Thomas Wilson, a professor and department chair at the university. Both parties moved for summary judgment. The trial court denied Padgett's motion and granted the IRF's motion for summary judgment. Padgett appeals. We affirm.
Facts
On September 18, 1992, Wilson approached one of his students to engage in a conversation. Padgett was standing beside Wilson's student. Padgett alleged that Wilson "approached her [during the conversation] and without her consent laid hands on her in a sexually coercive manner."
Padgett brought suit against Wilson in the United States District Court in January of 1993. She claimed battery, outrage, and violation of her constitutional rights under 42 U.S.C. § 1983 for the sexual harassment. The claim for outrage was dismissed, but the other claims were submitted to the jury. The jury returned a verdict in favor of Padgett and awarded her $2,500 actual damages for assault and battery; $2,500 actual damages for the sexual harassment claim; and $20,000 in punitive damages for the §1983 claim, which would increase to $100,000 in the event that Wilson was insured. A judgment for $25,000 was entered on August 16, 1994.
The IRF issued a general tort liability policy to the named insured, South Carolina State University. Prior to the trial, attorneys for the IRF participated fully in the discovery process. However, the IRF determined Wilson was not an insured as defined by the policy and denied coverage. The IRF's attorneys did not participate any further in the trial. Wilson did not challenge this finding during the first trial, nor did he make any appearance in this declaratory judgment action.
Padgett filed this declaratory judgment action to determine if coverage existed under the policy. Both parties filed summary judgment motions. Padgett's motion was denied by order filed May 21, 1996. The IRF's motion was granted by order dated September 3, 1997.
Law/Analysis
Summary judgment is appropriate when it is clear there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. In determining whether any triable issues of fact exist to preclude summary judgment, the evidence and all inferences which can be reasonably drawn therefrom must be viewed in the light most favorable to the nonmoving party. Strother v. Lexington County Recreation Comm'n, 332 S.C. 54, 504 S.E.2d 117 (1998). If any triable factual issues exist, those issues must go to the jury. Rothrock v. Copeland, 305 S.C. 402, 409 S.E.2d 366 (1991). Because it is a drastic remedy, summary judgment should be cautiously invoked so no person will be improperly deprived of a trial of the disputed factual issues. Baughman v. American Tel. and Tel. Co., 306 S.C. 101, 410 S.E.2d 537 (1991).
Scope of Official Duties Under Policy
Padgett argues Wilson meets the definition of an "insured" under the general tort liability policy. She argues Wilson was acting in the scope of his official duties when he committed the battery and sexual assault. We disagree.
The policy contains the following definition of "Persons Insured"
Any employee of the entity designated in the declaration as "named insured" is an insured, but only while the employee is acting in the scope of his or he
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