Fire Insurance Exchange v. Diehl

Because I believe that the insurance contract did not provide coverage for the injury caused by the insured child’s intentional conduct, I respectfully dissent. Although the majority accepts the rule that this Court should infer an intent to injure as a matter of law for an adult who sexually assaults a child, it refuses to infer this intent for a child who sexually assaults another child. The majority concludes that the contract covered the injury in the present case because the insured child did not subjectively intend to harm the victim. Ante, p 687. I disagree with this reasoning. In this…