State Farm Fire and Casualty Co. v. Doe

Substitute Opinion

The Court’s Prior Opinion Dated January 3,1997, is Hereby Withdrawn.

SCHROEDER, Justice.

This is an appeal from a declaratory judgment issued by the district court holding that applicable insurance policies do not provide coverage for injuries sustained by a minor child as a result of sexual contact with a minor child of the insured. Jane and John Roe, individually and as guardian ad litem for their minor child, appeal the district court’s declaratory judgment, asserting that this conduct is not excluded from coverage by the insurance policies.

I

BACKGROUND AND PRIOR PROCEEDINGS

J…