![]() The same documentation identifies Jason Thielbahr, Clearview’s managing member and Corporate Secretary, as the contact for Clearview. Box 155, Clark Fork, Idaho 83811 (“Idaho mailing address”). As such, documentation relating to the Kinsale Policy lists Clearview’s mailing address as P.O. However, because Clearview’s facility is located in a rural area, and for convenience and reliability, Clearview receives mail at a post office box located in Clark Fork, Idaho, which is approximately 20 minutes away from Clearview’s Montana campus. Clearview’s principal place of business is registered with the Montana Secretary of State as 54 Serenity Lane, Heron, Montana 59844. Clearview’s physical address is 20 Bear Foot Lane, Heron, MT 59844. ![]() ![]() On September 9, 2021, Kinsale filed the instant suit against Clearview in the District of Idaho. The Markel suit remains pending in the District of Montana. Clearview answered Markel’s complaint and also filed a Third-Party Complaint against PayneWest for failing to procure appropriate insurance coverage. MEMORANDUM DECISION AND ORDER - 2 obligated to provide a defense to Clearview in the state court lawsuits. Like Kinsale in this action, Markel seeks a declaration that it is not 1 Clearview later extended its general liability coverage to April 1, 2023. In response, Markel filed a declaratory judgment action in the United States District Court for the District of Montana. Clearview tendered the state court lawsuits to Markel and Kinsale. The students allege they suffered emotional distress as a result of the negligence of Clearview and two of its employees. PayneWest also procured the Kinsale Policy, which covered the term beginning April 1, 2020, and ending April 1, 2021.1 In January and April of 2021, students who attended Clearview’s Montana boarding school filed tort claim lawsuits against Clearview in Montana state court (“state court lawsuits”). QBSMMN000711 for the term beginning October 16, 2020, and ending October 16, 2021. PayneWest procured Markel Insurance Police No. Clearview’s representative worked with PayneWest’s Missoula, Montana office to obtain insurance for Clearview’s operations. Clearview purchased liability insurance through PayneWest Insurance, Inc. Clearview operates a therapeutic boarding school in Montana. Kinsale requests that the Court declare there is no coverage under the Policy, and, because coverage under the Policy is purportedly precluded, Kinsale further asks the Court to find that Kinsale does not have a duty to defend or indemnify Clearview for underlying tort claims made against it. On or about April 3, 2020, Kinsale issued a Professional and General Liability Policy to Clearview, policy number 0100111759-0 (“Kinsale Policy” or the “Policy”). Clearview is a domestic profit corporation of good standing in Montana, with its principal place of business in Heron, Montana. BACKGROUND Plaintiff Kinsale Insurance Company (“Kinsale”) is an eligible surplus lines insurance company incorporated in Arkansas, with its principal place of business in MEMORANDUM DECISION AND ORDER - 1 Richmond, Virginia. Upon review, and for the reasons set forth below, Clearview’s Motion to Dismiss is GRANTED. Accordingly, in the interest of avoiding further delay, and because the Court finds the decisional process would not be significantly aided by oral argument, the Court decides the pending motion on the record and without oral argument. Having reviewed the record, the Court finds the parties have adequately presented the facts and legal arguments in the briefs. INTRODUCTION Pending before the Court is Defendant Clearview Horizon, Inc.’s (“Clearview”) Motion to Dismiss due to Lack of Personal Jurisdiction and Improper Venue, or, in the Alternative, Motion to Change Venue (“Motion to Dismiss”). 2:21-cv-00360-DCN Plaintiff, MEMORANDUM DECISION AND ORDER v. 15 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO KINSALE INSURANCE COMPANY, Case No.
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