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STATE FARM FIRE AND CAS. CO. v. DOE9/8/1997
ce", and in its common signification the word means an unexpected happening without intention or design.
n. 1. an undesirable or unfortunate happening, unintentionally caused and usually resulting in harm, injury , damage, or loss; casualty; mishap; automobile accidents. 2. An event that happens unexpectedly, without a deliberate plan or cause
Memorandum and Order Granting Amended Motion for Summary Judgment (citing Wilcox, 123 Idaho at 9, 843 P.2d at 159 (1992) (citations omitted)). The district court referred to the conduct as "intentional acts of sexual abuse" and analogous to the conduct of Mr. Wilcox in Wilcox.
The district court also held, on alternative grounds, that the defense and indemnification of the Does were excluded under the Business Pursuits Exclusion of the homeowners policies, the Business Operations Exclusion of the umbrella policy and the Child Care Services Exclusion applicable to all the policies.
II.
STANDARD OF REVIEW
Summary judgment is appropriate if motions are based on the same evidentiary facts
and on the same theories and issues, when parties effectively stipulate that there is no genuine issue of material fact. I.R.C.P. 56(c); Morrissey v. Haley, 124 Idaho 870, 865 P.2d 961 (1993). Summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Bunker Hill Co. v. United Steelworkers of America, 107 Idaho 155, 686 P.2d 835 (1984). A motion for summary judgment must be denied if reasonable people could reach differing conclusions or draw conflicting inferences from the record of the case. Cates v. Albertson's Inc., 126 Idaho 1030, 895 P.2d 1223 (1995). Upon motion for summary judgment, all facts and inferences must be drawn in favor of the nonmoving party. Perkins v. Highland Enters., Inc., 120 Idaho 511, 817 P.2d 177 (1991).
When questions of law are presented, this Court exercises free review and is not bound by findings of the district court, but is free to draw its own conclusions from the evidence presented. Automobile Club Ins. Co. v. Jackson, 124 Idaho 874, 876, 865 P.2d 965, 967 (1993).
III.
THE CONDUCT AT ISSUE DID NOT CONSTITUTE AN "OCCURRENCE" THAT WOULD CREATE LIABILITY UNDER THE POLICIES.
Under the coverage provision of the State Farm homeowner policy there is liability coverage for an insured when a claim is made or suit is brought against an insured based on an "occurrence." The policy defines an "occurrence" as an accident, including exposure to conditions, which result in bodily injury or property damage. Under the umbrella liability policy, coverage is provided if the insured is legally obligated to pay damages for a "loss." The policy defines "loss" as an accident that results in personal injury or property damage. Each policy limits liability coverage to "accidents;" however, the policies do not set forth definitions for "accident."
Whether an insured acted wilfully, intentionally or maliciously, relieving the insurer of liability under the policy, is a factual determination. Farmers Ins. Group v. Sessions, 100 Idaho 914, 607 P.2d 422 (1980). The absence of such a determination precludes summary judgment for the insurer. Id. In this case the district court found that the conduct in issue constituted "intentional acts of sexual abuse" and was not an "accident" or "occurrence" under the applicable policies.
This Court defined "accident" in Wilcox, noting that, " here a word or phrase used in an insurance contract has a settled legal meaning or interpretation, that meaning or interpretation must be given even though oth
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