RIPPLE, Circuit Judge.
Scot Vandenberg was injured when he fell from the upper deck of a yacht anchored in Lake Michigan. He filed suit in Illinois state court, alleging that the owners and operators of the yacht were negligent. He eventually settled with the defendants. Under the settlement agreement, the defendants agreed to pay Mr. Vandenberg $25 million through the assignment of their claims against their insurers. Westfield Insurance Company ("Westfield") was the insurance provider
In September 2009, Mr. Vandenberg was attending a five-hour cruise on a chartered yacht when he fell from the upper deck. The accident occurred when he turned to respond to someone calling his name and, as he shifted his weight, the bench upon which he was sitting tipped over. The bench was not secured to the deck, nor did the upper deck have a railing. The fall left Mr. Vandenberg paralyzed from the chest down. The yacht was owned by RQM, Inc. ("RQM"), a closely held corporation owned by Michael Rose, Carl Quanstrom, and Alan Rose. Mr. Vandenberg alleged that Rose Paving, a company run by Alan Rose, was a booking agent that maintained a marketing relationship for the chartering of the yacht.
At the time of the accident, Rose Paving was insured by Westfield under a commercial general liability ("CGL") policy and by an umbrella policy (collectively "the policies"). The application for the CGL policy listed as insureds Rose Paving Co., Rose Paving & Seal Coating Inc., and Bridgeview Investments.
The insurance contract included "common policy declarations" applicable to both the CGL and umbrella policies, which listed Rose Paving's business as "concrete construction."
Before Westfield filed this declaratory action, the parties had commenced several actions, the particulars of which are not pertinent to our decision today.
In January 2012, Westfield filed this declaratory action. It sought a determination that it owed no duty under Rose Paving's insurance policies to defend or to indemnify any of the defendants in the state court action. Westfield alleged that the policies did not cover the underlying accident because the operation of a seventy-five-foot yacht fell outside the scope of the risks and liabilities for which the policies provided coverage. Alternatively, Westfield maintained that the "watercraft exclusion" barred coverage and that Rose Paving's conduct released Westfield from contractual liability under the policies.
Westfield filed a motion for judgment on the pleadings. Mr. Vandenberg, as the assignee of Rose Paving, responded with a combined response and cross-motion for summary judgment. The district court granted Westfield's motion for judgment on the pleadings and denied Mr. Vandenberg's motion for summary judgment.
The district court later denied Mr. Vandenberg's motion to alter the judgment under Federal Rule of Civil Procedure 59(a). Mr. Vandenberg now appeals the court's decision granting Westfield's motion for judgment on the pleadings.
Mr. Vandenberg asks us to review the district court's decision on the scope of the Westfield insurance policies. He maintains that the policies provide coverage for his injuries because of the broad terms employed in the text. More precisely, he takes the view that, because the Westfield policies do not exclude expressly accidents such as the one on the yacht, the accident and his injuries are covered. Westfield responds that the policies apply only to Rose Paving's construction business and, in the alternative, that the accident falls under the watercraft exclusion contained in the policies.
The interpretation of an insurance policy is a matter of state law. See Koransky, Bouwer & Poracky, P.C. v. Bar Plan Mut. Ins. Co., 712 F.3d 336, 341 (7th Cir. 2013). Because the parties agree that Illinois law applies, we look to the decisions of the Supreme Court of Illinois for guidance. See id. We review de novo the district court's decision granting a Rule 12(c) motion for judgment on the pleadings. See Matrix IV, Inc. v. Am. Nat'l Bank & Tr. Co., 649 F.3d 539, 547 (7th Cir.2011). For the reasons set out more fully below, we agree with the district court that the policies do not provide coverage for Mr. Vandenberg's accident. We also conclude that Rose Paving's use of the yacht was excluded from coverage by the policies' watercraft exclusion.
We first address the scope of the Westfield insurance policies. Mr. Vandenberg makes two major arguments to support his interpretation of the policies. First, he submits that the business designation, on its own, is insufficient to limit the scope of the policies. Second, he contends that, under Illinois law, an insurer must "expressly exclude" a risk from the insurance policy if the insurer does not intend to insure against that particular risk.
Under Illinois law, "[a]n insurance policy is a contract, and the general rules governing the interpretation of other types of contracts also govern the interpretation of insurance policies." Hobbs v. Hartford Ins. Co. of the Midwest, 214 Ill.2d 11, 291 Ill.Dec. 269, 823 N.E.2d 561, 564 (2005). When interpreting an insurance policy, "our primary objective is to ascertain and give effect to the intention of
After reviewing the insurance application and the terms of the policies, we conclude that the district court correctly determined that Westfield and Rose Paving intended to enter into an insurance agreement under which Westfield provided coverage only for Rose Paving's construction-related business. We begin with the actual text of the policies. In that respect, we first note that the policies' "common policy declarations" list Rose Paving's business as "concrete construction."
The situation before us today is closely akin to the one before the Appellate Court of Illinois in Heritage Insurance Co. v. Bucaro, 101 Ill.App.3d 919, 57 Ill.Dec. 299, 428 N.E.2d 979 (1981). There, the court determined that similar representations were sufficient to limit the scope of an insurance policy. The court determined that the underlying insurance policy did not cover automobile acquisitions because "[t]he activities enumerated in the policy concern[ed] operations relating to automobile dismantling." Id., 57 Ill.Dec. 299, 428 N.E.2d at 982 (emphasis in original). The court relied on the description of hazards, which "include[d] salvage or junking of parts, and store operations," and that the policy listed the insured's business as "Automobile Dismantling." Id., 57 Ill.Dec. 299, 428 N.E.2d at 981. "Due to the limited nature of the policy purchased," the court concluded that it was "implausible to assume that protection was expected for liability of the type that has been created here." Id., 57 Ill.Dec. 299, 428 N.E.2d at 982. The Illinois court's methodology and conclusion reinforces our view of the proper interpretation of the Westfield policies.
The insurance application also supports our interpretation. See Dash Messenger Serv., Inc. v. Hartford Ins. Co. of Ill., 221 Ill.App.3d 1007, 164 Ill.Dec. 313, 582 N.E.2d 1257, 1263 (1991) (relying on the insurance application to determine the risks for which the parties contracted); see also A.D. Desmond Co. v. Jackson Nat'l Life Ins. Co., 223 Ill.App.3d 616, 166 Ill.Dec. 98, 585 N.E.2d 1120, 1122 (1992) ("When, as in this case, an insurance policy is issued which makes the application for insurance part of the policy, the application becomes and is construed as part of the entire insurance contract."). The policies at issue here provide that Rose Paving agreed that "[t]he statements in the Declarations are accurate and complete," that "[t]hose statements are based upon
Mr. Vandenberg submits that it is inappropriate to rely on the business designation in the insurance contract. We need not determine whether, in all cases, Illinois courts would consider a business designation contained in an insurance policy, standing alone, to be a sufficient indication of party intent to circumscribe the scope of an insurance agreement. Here, our decision need not rely solely on the business designation. As we have noted earlier, the business designation and the general liability schedule contained in the contract, as well as the incorporated representations in the insurance application, express, uniformly, the parties' intent to limit the scope of the insurance policies to Rose Paving's known business, construction. See Heritage Ins. Co., 57 Ill.Dec. 299, 428 N.E.2d at 981-82 (holding that, because the description of hazards included only "Automobile Dismantling" and the business of the insured was listed as "Automobile Dismantling," "it is evident that the policy provides coverage only for occurrences arising out of specified activities [automobile dismantling] taking place on the insured premises"). The district court correctly recognized that Rose Paving "operated multiple independent businesses (paving and yacht charters), purchased insurance for only one of those businesses (paving), and later sought coverage for a different business (yacht charters)."
Nor can we accept Mr. Vandenberg's contention that the policies provide coverage for any and all liabilities unless they are explicitly excluded. In assessing this submission, our task is, of course, to determine the intent of the parties, as expressed by the insurance policy. See Hobbs, 291 Ill.Dec. 269, 823 N.E.2d at 564; Crum & Forster Managers Corp., 189 Ill.Dec. 756, 620 N.E.2d at 1078. Here, we believe that the text and structure of the policies makes clear that the parties intended to insure against the risks of operating a construction company. If the parties intended to exclude a risk associated with running such a business, we would expect them to have recited that exclusion in the contract. A policy does not need to exclude from coverage liability that was not contemplated by the parties and not intended to be covered under their agreement. See Dash Messenger Serv., Inc., 164 Ill.Dec. 313, 582 N.E.2d at 1263 (noting that an insurer should expressly exclude a risk from coverage "if an insurer does not intend to insure against a risk likely to be inherent in the insured's business" (emphasis added)). Because Rose Paving's policies were manifestly designed
In sum, Mr. Vandenberg has not provided a cogent rationale to support his conclusion that Westfield and Rose Paving intended to enter into an insurance contract of endless scope, covering any and all businesses operated by Rose Paving. Construing the policies as a whole, we conclude that both Westfield and Rose Paving intended that the insurance policies provide coverage only for Rose Paving's construction-related business. Accordingly, the policies do not provide coverage for Mr. Vandenberg's injury on the yacht.
The policies' watercraft exclusion provides an independent basis for affirming the district court's judgment. The Westfield policies exclude from coverage "`[b]odily injury' ... arising out of the ownership, maintenance, use or entrustment to others of any ... watercraft owned or operated by or rented or loaned to any insured."
Mr. Vandenberg submits that, under Illinois law, the negligent maintenance, ownership, and use of the bench was a concurrent cause of his injuries and, therefore, the watercraft exclusion does not preclude coverage. Westfield maintains that the watercraft exclusion bars coverage under the policies because the use of the yacht was intertwined inextricably with all theories of recovery.
We have recognized previously that, under Illinois law, an insurance policy does not provide coverage for claims that are "intertwined" with an excluded liability. See Nautilus Ins. Co. v. 1452-4 N. Milwaukee Ave., LLC, 562 F.3d 818, 822 (7th Cir.2009). In Nautilus, we addressed whether a claim seeking compensation for property damage was barred by the insurance policy's contractor-subcontractor exclusion. See id. at 821-23. We concluded that "the presence of an alternative theory of relief ... is insufficient to trigger coverage" when the plaintiff does not allege an "injury independent of the" injury sustained as a result of the excluded liability. Id. at 823. Thus, we found it determinative that "the statutory claims in the underlying complaints [sought] recovery for the same loss as all the other claims — the property damage arising out of the faulty excavation performed by [the defendant's] contractors and subcontractor — and coverage for that property damage is excluded by the contractor-subcontractor exclusion." Id. at 822 (emphasis in original).
In reaching our conclusion in Nautilus, we relied, in part, on the decision of the Supreme Court of Illinois in Northbrook Property & Casualty Co. v. Transportation Joint Agreement, 194 Ill.2d 96, 251 Ill.Dec. 659, 741 N.E.2d 253 (2000). In Northbrook, the court held that a policy exclusion bars coverage for injuries associated with excluded conduct, even if a plaintiff proceeds under an alternative theory of recovery that implicates the excluded conduct only indirectly. The Illinois court explained:
Id., 251 Ill.Dec. 659, 741 N.E.2d at 254-55 (citation omitted) (internal quotation marks omitted). Thus, in order to succeed, the allegations in Mr. Vandenberg's complaint must be "wholly independent of any negligent operation of the [watercraft]."
The Appellate Court of Illinois recently reaffirmed these principles and applied them to the same state court complaint at issue here. In Maryland Casualty Co. v. Dough Management Co., No. 1-14-1520, ___ Ill.Dec. ___, ___ N.E.3d ___, 2015 WL 4002569 (Ill.App.Ct. June 30, 2015), the court addressed whether an identically worded watercraft exclusion in an insurance contract barred coverage for the injuries that Mr. Vandenberg sustained on the yacht. See id., ___ Ill.Dec. ___, ___ N.E.3d at ___, 2015 WL 4002569 at *7. In that action, Maryland Casualty Co., the insurer that had provided coverage to Dough Management, maintained that it had no duty to defend or indemnify Dough Management under its insurance policy. See id., ___ Ill.Dec. ___, ___ N.E.3d at ___-___, 2015 WL 4002569 at *2-3. The court noted that the "policy specifically exclude[d] coverage for any bodily injury `arising out of the ownership, maintenance, use, or entrustment to others of any... watercraft owned or operated by or rented or loaned to any insured.'" Id., ___ Ill.Dec. ___, ___ N.E.3d at ___, 2015 WL 4002569 at *7 (second alteration in original). The court concluded that "the Vandenbergs only alleged [in their state court
With the guidance of the Appellate Court of Illinois, we reach the same conclusion. Mr. Vandenberg fell from the top deck of the yacht after the bench on which he was sitting tipped over. Because the top deck of the yacht did not have a railing, he fell a substantial distance, resulting in his injuries and paralysis. In his state court complaint, Mr. Vandenberg recognized that his injury would not have occurred if Rose Paving had provided a railing or prevented him from accessing the top deck of the yacht. Thus, the accident and Mr. Vandenberg's resulting injuries were not "wholly independent of" the negligent operation, maintenance, or use of the yacht. Northbrook Prop. & Cas. Co., 251 Ill.Dec. 659, 741 N.E.2d at 254 (internal quotation marks omitted). Mr. Vandenberg's injuries therefore come under the policies' watercraft exclusion, and the policies do not provide coverage.
The judgment of the district court is affirmed.
AFFIRMED.
Mr. Vandenberg also provided Westfield with an unfiled amended complaint five months before settlement. The amended complaint included allegations that Rose Paving negligently owned, maintained, or used an unstable bench. The stay imposed by the district court in RQM's maritime action prevented Mr. Vandenberg from filing the amended complaint.