Legal Opinion
American Family Mutual Insurance Co. v. Purdy
South Dakota Supreme Court
Decided March 25, 1992No. 17507PublishedCited by 22 opinions
1Opinion of the Court
SABERS, Justice.
Insurer (American Family) appeals a determination that it has a duty to defend and to pay for expected or intended injury arising from sexual contact. We reverse.
FACTS
Bradley Purdy (Purdy) sexually molested A.L. on approximately fifteen occasions when A.L. was between 4 and 6 years of age. Purdy also sexually molested C.L., A.L.’s older brother, on three occasions. The molestation of both children consisted of Purdy fondling their genitals, there was no evidence of any oral or anal penetration.
These incidents occurred in Rapid City, South Dakota, during a time period when…
2Cases cited37 opinions
- Wilson v. Great Northern Railway CompanySouth Dakota Supreme Court · 1968
- Groseth International, Inc. v. Tenneco, Inc.South Dakota Supreme Court · 1987
- Worcester Insurance v. Fells Acres Day School, Inc.Massachusetts Supreme Judicial Court · 1990
- J. C. Penney Casualty Insurance v. M. K.California Supreme Court · 1991
- Horace Mann Insurance v. LeeberWest Virginia Supreme Court · 1988
32 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ass Kickin Ranch, LLC v. North Star Mutual Insurance Co.South Dakota Supreme Court · 2012
- Auto-Owners Insurance Co. v. Hansen Housing, Inc.South Dakota Supreme Court · 2000
- State Farm Fire and Cas. Co. v. DavisSupreme Court of Alabama · 1993
- Nodak Mutual Insurance Co. v. HeimNorth Dakota Supreme Court · 1997
- Opperman v. Heritage Mutual Insurance Co.South Dakota Supreme Court · 1997
17 more not listed; retrieve them via the Exa API.