Legal Opinion

Fire Insurance Exchange v. Diehl

Michigan Supreme Court

Decided March 19, 1996No. 100985, (Calendar No. 10)PublishedCited by 62 opinions

1Opinion of the CourtBrickley, C.J.

In this case we decide if a homeowner’s insurance policy covers the injury resulting from a child actor’s requests for the child victim to perform fellatio and the child victim’s acquiescence. We find that the policy may cover the incidents if a jury finds that the injury resulting from the child actor’s conduct was not reasonably foreseeable to a child of like age, ability, intelligence, and experience under like circumstances.

Reaching this conclusion, we find that if the policy excludes coverage for. intentional acts where the result is "reasonably foreseeable,” reasonable foreseeability…

2Cases cited19 opinions

  1. Auto-Owners Insurance v. ChurchmanMichigan Supreme Court · 1992
  2. Allstate Insurance v. FreemanMichigan Supreme Court · 1989
  3. Heniser v. Frankenmuth Mutual InsuranceMichigan Supreme Court · 1995
  4. Powers v. Detroit Automobile Inter-Insurance ExchangeMichigan Supreme Court · 1986
  5. Arco Industries Corp. v. American Motorists InsuranceMichigan Supreme Court · 1995

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3Cited by62 opinions

  1. Wilkie v. Auto-Owners InsuranceMichigan Supreme Court · 2003
  2. Robertson v. DaimlerChrysler Corp.Michigan Supreme Court · 2002
  3. Oakland County Board v. Michigan Property & Casualty Guaranty Ass'nMichigan Supreme Court · 1998
  4. Western World Insurance Co. v. Mary ArmbrusterCourt of Appeals for the Sixth Circuit · 2014
  5. Meridian Mutual Insurance Company v. Roslyn E. Kellman, Skender Bajrami, Individually and Doing Business as Kopliku Painting CompanyCourt of Appeals for the Sixth Circuit · 1999

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