CNA Insurance v. McGinnis

George Rose Smith, Justice.

In this case we granted a petition to review the decision of the Court of Appeals because that court had affirmed the chancellor’s decree by a 3-3 tie vote. Rule 29 (4). We find that the chancellor’s decree was clearly erroneous and accordingly reverse the decision of the Court of Appeals.

Vicky Lynn Hills brought suit in federal court against her former stepfather, James Ralph McGinnis, for injuries received as a result of sexual assaults and abuse inflicted by McGinnis upon Vicky Lynn. McGinnis hada homeowner’s insurance policy with the petitioner, CNA Insurance…