Legal Opinion

J. C. Penney Casualty Insurance v. M. K.

California Supreme Court

Decided February 5, 1991No. S010524PublishedCited by 138 opinions

Lance C. Schaeffer for Defendant, Cross-complainant and Respondent S. K. No appearance for Defendant, Cross-complainant and Respondent R. H.

1Opinion of the Court

*1014Opinion

EAGLESON, J.*

A 39-year-old man sexually molested a 5-year-old girl on 20 to 25 separate occasions over a period of approximately 9 months. The man admitted that he intended to molest the girl and that none of his sexual acts with her were accidents. He pleaded guilty to criminal charges (Pen. Code, § 288, subd. (a)) and was sentenced to prison. In a subsequent civil action, he was ordered to pay $500,000 to the child and her mother.

The narrow issue before us is whether the insurer that issued a homeowner’s policy to the molester is obligated under the policy to pay the amount of that…

2Cases cited30 opinions

  1. Gray v. Zurich Insurance Co.California Supreme Court · 1966
  2. People v. KnowlesCalifornia Supreme Court · 1950
  3. Clemmer v. Hartford Insurance Co.California Supreme Court · 1978
  4. Delaney v. Superior CourtCalifornia Supreme Court · 1990
  5. Thing v. La ChusaCalifornia Supreme Court · 1989

25 more not listed; retrieve them via the Exa API.

3Cited by138 opinions

  1. Horace Mann Ins. Co. v. Barbara B.California Supreme Court · 1993
  2. People v. MartinezCalifornia Supreme Court · 1995
  3. Downey Venture v. LMI Ins. Co.California Court of Appeal · 1998
  4. Collin v. American Empire InsuranceCalifornia Court of Appeal · 1994
  5. Minkler v. Safeco Insurance Co. of AmericaCalifornia Supreme Court · 2010

133 more not listed; retrieve them via the Exa API.

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