314 N.W.2d 834 (Minn. 1982), 81-131, Fireman's Fund Ins. Co. v. Hill

Docket Nº:81-131.
Citation:314 N.W.2d 834
Opinion Judge:The opinion of the court was delivered by: Todd
Party Name:FIREMAN'S FUND INSURANCE COMPANY, Appellant, v. James A. HILL, Respondent, Dean William Kalenda, etc., et al., Respondents.
Attorney:Cragg & Bailly and David A. Bailly, 500 Par Natl. Bk. Bldg., 5353 Wayzata Blvd., Minneapolis, Minnesota 55416, for appellant.
Case Date:January 22, 1982
Court:Supreme Court of Minnesota

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314 N.W.2d 834 (Minn. 1982)



James A. HILL, Respondent,

Dean William Kalenda, etc., et al., Respondents.

No. 81-131.

Supreme Court of Minnesota.

January 22, 1982

Syllabus by the Court

Intention to cause injury will be inferred as a matter of law when a foster custodial parent engages in sexual activity with a minor child in his custody thus precluding coverage under the perpetrator's home owner's insurance policy.

Cragg & Bailly and David A. Bailly, Minneapolis, for appellant.

Susan A. Short, Legal Aid Clinic, Minneapolis, for Hill.

Wayne J. Salita, Minneapolis, for Kalenda, et al.

Considered and decided by the court en banc without oral argument.

TODD, Justice.

The Fireman's Fund Insurance Company brought a declaratory judgment action to determine whether certain sexual activities engaged in by its insured, James Hill, were covered under a homeowner's policy which excludes "bodily injury or property damage which is either expected or intended from the standpoint of the insured." The trial court found that Fireman's Fund was obligated to defend James Hill in the civil action brought on behalf of the foster child and to pay all damages for which Hill might become liable. The insurance company appealed. We reverse.

James Hill and his wife began taking foster children into their home in 1973. From that date until 1978, approximately ten children were placed in the home. In November of 1976, a minor male child went to live with the Hills. Prior to the child being placed there, the Hennepin County Welfare Department had received a complaint from the parents of one of the former foster children, alleging that Hill had

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molested the child. When he was confronted with the allegations Hill denied having any sexual contact with the foster child.

During the 15 months that the child was in the Hill home, James Hill engaged in sexual conduct with him. The child was removed from the foster home by the Welfare Department after Hill was arrested on charges of criminal sexual conduct with the other foster children. An action was commenced on behalf of the boy by his mother and guardian against James Hill and Hennepin County for mental pain and anguish resulting from the assault by James Hill. During the time the boy was in the foster home, James Hill was insured under a homeowner's...

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