Horace Mann Insurance v. Leeber

McHUGH, Chief Justice:

This case presents two related questions of first impression in this jurisdiction, specifically, whether a homeowner’s or other liability insurer has a duty to (1) defend and to (2) pay on behalf of its insured when an action has been brought against the insured based upon alleged sexual misconduct and when the insurance policy has an exclusion from coverage for “liability ... caused intentionally by ... the insured.” The Circuit Court of Raleigh County (the “trial court”) answered these questions in the negative and certified the questions to us. 1 We agree with the…