Now That’s A Hail Mary For Coverage
“The Estate also fixates on the use of the plural ‘firearms’ in the second sentence, claiming that it limits the exclusion ‘to incidents involving more than one firearm.’  But Michigan embraces the number canon. Mich. Comp. Laws § 8.3b (‘Every word importing the singular number only may extend to and embrace the plural number, and every word importing the plural number may be applied and limited to the singular number.’). . . So does common usage: any reasonable person understands that a ‘No Firearms Allowed’ sign prevents bringing even a single firearm into a building. Accordingly, the exclusion applies whenever shots are fired, no matter if they come from one or multiple guns.”  Covington Specialty Ins. Co. v. Sweet Soul, Inc., No. 23-1480 (6th Cir. May 8, 2024)

Interpretation of “Control” In A Unique Setting
Lots of cases address “care, custody or control” as used in an exclusion in various claims contexts.  The scenario was more unique in Mid-Century Ins. Co. v. Mid-Am. Mental Health LLC, No. 23-52 (N.D. Ind. May 17, 2024).

The claim at issue involved a sexual relationship between a physician’s assistant and a patient seeking treatment for opioid dependence.  An exclusion applied for bodily injury “arising out of: (a) The actual or threatened abuse of molestation by anyone of any person while in the care, custody or control of any insured.”         

The court concluded that the exclusion applied, despite the insured’s argument that the person must be under the “care, custody or control” of the insured at the time of the incident: “The undisputed facts also show that Doe was in the ‘control’ of Rashidi at the time of the abuse. As the Holiday Hospitality Court recognized, control means to exercise authority or influence over.  Doe was vulnerable at this time—she was in need of counseling and recovering from opioid addition and dependent upon getting her refills for her suboxone medication. Rashidi had the power to give (or withhold) this lifesaving medication and, according to her allegations, told her if she didn’t submit not only would he not give her the medication, but he would have her blacklisted from the medical community as well.  This imbalance of power was present in the offices of Mid-America, but it was present outside as well. What leverage would Rashidi have when he showed up at Doe’s house, other than the ability to control her physical and mental health, which is of course what he used to allegedly coerce her to have sex with him? As such, Doe was in the ‘control’ of Rashidi during the overarching time of her sexual abuse.”