Legal Opinion

Commercial Union Insurance v. Roberts

Court of Appeals for the Fifth Circuit

Decided November 17, 1993No. 92-8582PublishedCited by 2 opinions

1Opinion of the Court

DAVIDSON, District Judge:

The defendants appeal the district court’s grant of summary judgment in favor of Commercial Union Insurance Company (“Commercial Union”). Commercial Union filed a complaint for declaratory relief seeking a determination that it had no duty to defend or indemnify Dr. Stephen Roberts against claims for damages caused by Roberts’ sexual touching of two young girls, Heidi and Kelly Zahasky. In granting summary judgment, the district court held that the homeowner policy’s “intentional injury” exclusion precluded coverage for alleged sexual misconduct involving minors. The…

2Cases cited16 opinions

  1. Allstate Insurance v. MugaveroNew York Court of Appeals · 1992
  2. Fidelity & Guaranty Insurance Underwriters, Inc. v. McManusTexas Supreme Court · 1982
  3. Richardson Engineering Co. v. William L. Crow Construction Co.Supreme Court of the United States · 1991
  4. J. C. Penney Casualty Insurance v. M. K.California Supreme Court · 1991
  5. Horace Mann Insurance v. LeeberWest Virginia Supreme Court · 1988

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3Cited by2 opinions

  1. Commercial Union Insurance Company v. RobertsCourt of Appeals for the Fifth Circuit · 1993
  2. United States v. PooleCourt of Appeals for the Second Circuit · 2025

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