Allstate Insurance Co. v. Mugavero

Balletta, J.,

dissents and votes to reverse the order insofar as appealed from and to grant the plaintiff’s motion for summary judgment declaring that it has no duty to defend the defendants Ann and Edward Mugavero, with the following memorandum: Despite what it concedes to be the "horrific nature of [the] sexual molestation of children”, the majority concludes that an insurer has a duty under a homeowner’s insurance policy to defend the insured in a suit brought against the insured to recover damages for child sexual abuse. I do not agree and vote to grant summary judgment to the plaintiff…