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Northland Insurance Company v. Briones6/19/2000
As modified July 7, 2000. There is no change in the judgment.
NORTHLAND INSURANCE COMPANY, PLAINTIFF AND RESPONDENT,
v.
DANIEL BRIONES, JR., DEFENDANT AND APPELLANT.
(Super.Ct.No. RIC 307728)
Bruggeman, Smith & Peckham and Raymond F. Dolen for Defendant and Appellant. McKay, Byrne & Graham, Paul A. de Lorimier and Debra Ellwood Meppen for Plaintiff and Respondent.
The opinion of the court was delivered by: Hollenhorst J.
CERTIFIED FOR PUBLICATION
OPINION
APPEAL from the Superior Court of Riverside County. Richard G. Van Frank, Judge. Affirmed.
SEE DISSENTING OPINION ATTACHED
Plaintiff Northland Insurance Company brought this declaratory relief action to obtain a judicial interpretation of its rights under a mobile homeowner's policy it had issued to defendant Daniel Briones, Jr.
The policy provided personal liability coverage in the event suit was filed against the insured for damages because of bodily injury or property damage. However, the policy specifically applied "only to accidents, occurrences, and loss during the policy period shown on Page One while YOUR mobile home and unattached structures are within the United States . . . ."
An endorsement to the policy provides that physical/sexual abuse is not covered by the policy: "This insurance does not apply to any `bodily injury,' `property damage,' `personal injury,' or `medical expense' arising out of: [ ] 1. Physical abuse, sexual abuse, sexual molestation or sexual harassment by anyone . . . . [ ] . . . [ ] This exclusion applies whether damages arise from an insured's act or failure to act."
The declaratory relief complaint alleges that defendant Briones had been sued for personal injury damages in an action filed in Riverside Superior Court by Connie L., a minor, and her parents (herein "the underlying action"). The complaint in the underlying action alleged that Connie L. was a 15-year-old resident at the California School for the Deaf in Riverside, and that defendant Briones was her karate instructor. A cause of action for assault and battery alleged that defendant repeatedly and intentionally raped Connie L. and systematically stalked her. A second cause of action for negligence alleged that other defendants were negligent in not preventing defendant Briones from stalking, assaulting and raping Connie L. A third cause of action accused other defendants of negligent hiring and supervision of defendant Briones. The fourth and fifth causes of action were against the State of California, which operates the California School for the Deaf, for intentional and negligent infliction of emotional distress.
The declaratory relief complaint alleged that defendant Briones claimed that Northland had a duty under the homeowner's policy to defend the underlying action, and to indemnify him in the event of a settlement or judgment against him. Northland alleged it had no duty to defend or indemnify Mr. Briones.
Northland reiterated its contentions in a summary judgment motion. It asserted that there was no coverage because the conduct alleged in the underlying action was intentional sexual misconduct and harassment, and that the sexual abuse exclusion made it clear that there was no coverage for such misconduct. Northland also alleged that there was no "accident or occurrence" within the meaning of the policy provision quoted above.
In addition to these specific policy provisions, the insurance company contended that Insurance Code secti
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