Shelby Casualty Insurance v. H.T., N.T., I.T. & J.T.

The opinion of the court was delivered by

LISA, J.A.D.

The issue presented in this appeal is whether the inferred intent rule, which precludes, as a matter of law, insurance coverage for a sexual assault committed by an adult against a young child, applies when the sexual assault is committed by a minor under fourteen years of age. We hold that the per se rule does not apply and a factual determination must be made on a ease by case basis to determine the perpetrator’s subjective intent.

We granted Shelby Casualty Insurance Company (Shelby) leave to appeal from denial of its summary judgment…