 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
American Economy Insurance Co. v. Estate of Wilker6/7/1999
sing one of the other girls. This evidence is sufficient for us to conclude as a matter of law that Wilker intended to harm these child witnesses.
A child is inevitably harmed when she witnesses the sexual abuse of another child. Because it was neither unforeseen nor unexpected that S. Doe, C. Roe, and/or Jane Doe would witness Wilker abusing one of the other girls, we infer that Wilker intended to harm the witnesses as a matter of law. We therefore hold that American Economy has no duty to defend Wilker's estate or provide coverage for the minors' injuries.
B. Whether the Injuries Were "Bodily Injuries"
In the alternative, American Economy argues that it has no duty to provide coverage because the child witnesses' emotional distress injuries do not constitute "bodily injury " under the insurance policies. Because we hold that Wilker intended to harm the witnesses, we need not reach this issue and decline to consider it.
REVERSED.
WE CONCUR:
Page 1 2 3 4 Washington Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|