Allstate Insurance v. Thomas

MEMORANDUM OPINION GRANTING SUMMARY JUDGMENT

BOHANON, District Judge.

The central controversy in this declaratory judgment action is whether the Deluxe Homeowner’s Policy issued by the plaintiff provides coverage for damages occurring when the insured, Frank McClarety, allegedly molested Marie Thomas at the Greater Mount Carmel Church.

Frank McClarety was convicted on January 14, 1985, of intentionally touching and molesting a child under the age of sixteen in a lewd and lascivious manner in violation of 21 O.S. § 1123.

The criminal charge accused McClarety of sexually molesting the child at the…