Legal Opinion · Concurrence

Westfield Ins. Co. v. Porchervina, 2008-L-025 (12-12-2008)

Ohio Court of Appeals

Decided December 12, 2008No. 2008-L-025Published

1Concurrence

{¶ 36} I agree with the majority's disposition of this appeal on the basis that negligent infliction of emotional distress is not an insured event under the policy. I disagree that the subject policy's exclusion for bodily injury or property damage arising from sexual molestation would exclude coverage for Dale Porchervina's parents, if the complaint alleged actionable negligence against them for their son's intentional act. Unless and until the Supreme Court of Ohio decides differently, see, e.g., Safeco Ins. Co. of Am., 117 Ohio St.3d 1456, supra, I believe that each insured under a…

2Cases cited2 opinions

  1. Hilmer v. White, C-070074 (12-28-2007)Ohio Court of Appeals · 2007
  2. Safeco Ins. Co. of Am. v. Fed. Ins.Ohio Supreme Court · 2008

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