Aetna Casualty and Surety Company v. United States Fidelity and Guaranty Company

TORRUELLA, Circuit Judge.

This case presents the question whether an automobile insurance policy covers damages resulting from the rape of child by her school bus driver. We conclude that the rape did not result “from the ownership, maintenance or use of a covered auto” as contemplated by the insurance policy at issue.

Roy Gorton, Jr., an employee of McGre-gor-Smith Motor Co., raped a handicapped child he was transporting in a McGregor-Smith school bus. The child and her parents sued McGregor-Smith and recovered $600,000. Nancy Gallant, et al. v. Boy Gorton, Jr. and McGregor-Smith, (D. Mass,…