Metropolitan Property & Casualty Insurance Co. & Affiliates v. Miller

OPINION

LANCASTER, J.

This case raises the issue of whether Metropolitan Property and Casualty Company has a duty to defend and indemnify its in-

sured, Jennifer Miller, under a homeowner’s policy for fading to warn or prevent the sexual abuse committed by Michael Miller, her husband, against B.M.F., an 11-year-old girl. The district court concluded on summary judgment that Metropolitan had no duty to defend and indemnify, finding no coverage for any of the claims against Jennifer Miller or Michael Miller. B.M.F. appealed the coverage determination as it applied to Jennifer Müler, and a divided…