The Eleventh Circuit held that a victim of sexual abuse could not appeal a declaratory judgment that the insurer had no duty to defend the accused insured. Nationwide Mut. Ins. Co. v. Barrow, 2022 U.S. App. LEXIS 8267 (11th Cir. March 29, 2022).
A.B. was sexually abused by David Barrow when she was 10 years old. Barrow was arrested in 2014 for sex crimes. He pleaded guilty to two counts of human trafficking in 2016.
In 2018, A.B. filed a lawsuit against Barrow. A.B.'s attorney sent a letter to Nationwide explaining that if A.B. secured a judgment against Barrow, A.B. would then seek satisfaction from Nationwide under Barrow's homeowner, dwelling, or personal umbrella policy.
Nationwide filed a lawsuit for a declaratory judgment naming Barrow and A.B. as defendants. Nationwide sought a declaration that it owed no duty to defend or indemnify Barrow in the underlying action. A.B. was the only party who appeared in the district court to oppose Nationwide's action. Nationwide successfully moved for summary judgment to establish there was no duty to defend. A default judgment was entered against Barrow.
A.B. appealed. The Eleventh Circuit noted that if the judgment of the district court did not injure the party appealing the judgment, then the party did not have appellate standing. Here, A.B. was not injured by the declaratory judgment. She therefore lacked standing and her appeal was dismissed.
