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Keywords

jurisdictiondamagesmotionsummary judgment

appealmotionsummary judgmentmotion for summary judgment

Related Cases

B.B. v. Continental Ins. Co., 8 F.3d 1288

Facts

The events leading to this dispute occurred between 1979 and 1981 when B.B., an eight to nine-year-old boy, was babysat by P.F., a fourteen to fifteen-year-old boy, who sexually molested him. After reaching adulthood, B.B. sued P.F. in state court, winning a judgment of $125,000. At the time of the molestation, P.F.'s parents were insured by Continental under a homeowners' policy, which B.B. claimed should cover the damages resulting from P.F.'s actions. The case was removed to federal court based on diversity jurisdiction, where both parties filed motions for summary judgment.

The facts that give rise to this dispute occurred from 1979 through 1981 when B.B., a male minor, was eight and nine years of age. B.B.'s parents periodically enlisted the aid of P.F., also a male minor, who was fourteen and fifteen years of age at the time, to babysit B.B. While babysitting B.B., P.F. sexually molested him by performing fellatio on B.B. and causing B.B. to perform fellatio on P.F.

Issue

Whether P.F.'s acts of sexual molestation constitute 'occurrences' covered under the Continental homeowners' policy.

The sole issue on appeal is whether P.F.'s acts of sexual molestation constitute 'occurrences' covered under the Continental policy.

Rule

Under Missouri law, an 'occurrence' is defined as an accident that results in bodily injury or property damage that is neither expected nor intended from the standpoint of the insured. The court also considered whether to adopt an inferred-intent standard for cases of sexual molestation of minors.

The policy defines the underlined word 'occurrence' in a separate definition section: 'occurrence' means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured.

Analysis

The court analyzed the definition of 'occurrence' in the context of the sexual molestation of a minor and determined that the Missouri Supreme Court would likely adopt the inferred-intent standard. This standard allows for the inference of intent to harm based on the nature of the act of sexual molestation, regardless of the actor's subjective intent. The court concluded that P.F.'s intentional acts of molestation implied an intent to harm B.B., thus excluding coverage under the Continental policy.

In this case we review both the grant and denial of summary judgment by the district court. Summary judgment is proper 'if there is no genuine issue as to any material fact and … the moving party is entitled to judgment as a matter of law.'

Conclusion

The court affirmed the district court's ruling, concluding that P.F.'s acts of sexual molestation were intentional and therefore not covered as 'occurrences' under the homeowners' insurance policy.

We therefore affirm the judgment of the district court.

Who won?

Continental Insurance Company prevailed in the case because the court found that the acts of sexual molestation were intentional and did not constitute 'occurrences' covered by the insurance policy.

B.B. appeals the district court's order granting summary judgment to Continental Insurance Company (Continental) and denying B.B.'s motion for summary judgment.

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