Fireman's Fund Ins. Co. v. Hill, 81-131.

• Decision Date: 22 January 1982
• Docket Number: No. 81-131.,81-131.
• Citation: 314 NW 2d 834
• Parties: FIREMAN'S FUND INSURANCE COMPANY, Appellant, v. James A. HILL, Respondent, Dean William Kalenda, etc., et al., Respondents.
• Court: Minnesota Supreme Court

314 N.W.2d 834 (1982)

FIREMAN'S FUND INSURANCE COMPANY, Appellant, v. James A. HILL, Respondent Dean William Kalenda, etc., et al., Respondents.

No. 81-131.

Supreme Court of Minnesota.

January 22, 1982.

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 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 policy issued by the Fireman's Fund Insurance Company. Under the policy Fireman's agreed to pay, on behalf of the insured, all damages for which the insured became liable because of bodily injury or property damage caused by an occurrence. An occurrence was defined as an accident which results in bodily injury or property damage. The policy excluded from coverage "bodily injury or property damage which is either expected or intended from the standpoint of the insured."

In interpreting intentional act exclusions in insurance policies this court has held that it is not sufficient that the act was intentional. To be excluded from coverage, a person must have specifically intended to cause injury, although intent to injure will be found even if the actual injury is different in kind or more severe than that intended....