Horace Mann Ins. Co. v. Barbara B.

Opinion

PANELLI, J.

We granted review in this case to address the question of whether an insurer may owe a duty to defend a teacher who is insured under an educator’s liability policy in a minor student’s action seeking damages resulting from the teacher’s sexual and other misconduct. Relying on our decision in J. C. Penney Casually Ins. Co. v. M. K. (1991) 52 Cal.3d 1009, 1019 [278 Cal.Rptr. 64, 804 P.2d 689], the Court of Appeal concluded that the insurer had no duty to defend, and affirmed the decision of the trial court awarding summary judgment to the insurer in its declaratory relief…