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Westfield National Insurance Co. v. Continental Community Bank and Trust Co.12/23/2003
er " 'knew or * should have known that [grandfather] was engaging in sexual contact and engaging in sexually explicit conduct with [the grandchildren].' " Jessica M.F., 209 Wis. 2d at 46, 561 N.W.2d at 789. In denying coverage to the grandmother, the reviewing court construed this allegation not as a negligent act but as an intentional one for insurance coverage purposes. Jessica M.F., 209 Wis. 2d at 60, 561 N.W.2d at 795. For the reasons expressed above, we believe that a similar conclusion is warranted here in light of the minors' allegations that the aunt knew or should have known that her conduct would result in injury to the minors.
Where the factual allegations in a civil case compel a conclusion, as a matter of law, that an insured's act was expected or intended, a summary judgment is properly entered in favor of the insurer whose policy excludes coverage for expected or intended acts. Prudential Property & Casualty Insurance Co. v. Kerwin, 215 Ill. App. 3d 1086, 1090-91 (1991). Because the duty to defend is broader than the duty to indemnify, if an insurer owes no duty to defend, it owes no duty to indemnify. American Family Mutual Insurance Co. v. Enright, 334 Ill. App. 3d 1026, 1029 (2002), citing Crum & Forster Managers Corp., 156 Ill. 2d at 393. Because the underlying complaint seeks recovery from the aunt for her participatory conduct resulting in the sexual abuse of the minors, we conclude that the trial court properly held that Westfield had no duty to defend or, therefore, to indemnify the aunt in the underlying suit. We have reviewed the minors' remaining arguments and find them to be without merit. Accordingly, we affirm the trial court's grant of summary judgment in favor of Westfield.
The judgment of the circuit court of Kane County is affirmed.
Affirmed.
McLAREN and O'MALLEY, JJ., concur.
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