Concord General Mutual Insurance v. Madore

¶ 1. Plaintiff Concord General Mutual Insurance Company brings this declaratory judgment action claiming that it does not owe its insureds a duty to defend or indemnify them in an underlying tort suit arising from minor-on-minor sexual molestation. Plaintiff moved for and was granted judgment against all parties to the underlying tort suit on grounds that the homeowners’ policy at issue expressly excluded from coverage personal liability arising out of the sexual molestation of any person, whether intentional or unintentional. On appeal, defendants argue that the court impermissibly resolved…