American Home Assurance Company, Plaintiff-Counter-Defendant-Appellee v. Billy Carl Stephens, Defendant-Counter-Claimant-Appellant, Rory Ross

POLITZ, Chief Judge:

This appeal of the district court’s ruling on cross motions for summary judgment in an action for declaratory relief raises questions about the validity of an exclusion of coverage for sexual misconduct provision when applied to nonsexual misconduct claims. For the reasons assigned we reverse the summary judgment rendered in favor of American Home Assurance Company and render summary judgment in favor of Billy Carl Stephens and Rory Ross.

BACKGROUND

Stephens was a licensed Professional Counselor and Advanced Clinical Social Worker Practitioner in Texas.1 American Home issued…