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STATE FARM FIRE AND CAS. CO. v. DOE9/8/1997
er interpretations are possible." 123 Idaho at 8, 843 P.2d at 158 (1992) (quoting Stein-McMurray Ins. Inc. v. Highlands Ins. Co., 95 Idaho 818, 820, 520 P.2d 865, 867
(1974)); see also City of Chubbuck v. City of Pocatello, 127 Idaho 198, 201, 899 P.2d 411, 414 (1995). Insurance policies may contain words that have settled legal meanings or interpretations and are not ambiguous merely because the policy does not contain a definition. Id. at 8, 843 P.2d at 158.
The Wilcox Court referred to the following two definitions of "accident" as the "settled legal meaning or interpretation:"
Accident.
Insurance contract. An accident within accident insurance policies is an event happening without any human agency, or, if happening through such agency, an event which, under circumstances, is unusual and not expected by the person to whom it happens. A more comprehensive term than "negligence," and in its common signification the word means an unexpected happening without intention or design.
. . . 1. an undesirable or unfortunate happening, unintentionally caused and usually resulting in harm, injury, damage, or loss; casualty; mishap: automobile accidents. 2. any event that happens unexpectedly, without a deliberate plan or cause. . . .
123 Idaho at 9, 843 P.2d at 159 (citations omitted). Ms. Wilcox's failure to report or warn the proper authorities of the child molestation perpetrated upon minors by her ex-husband was "not an `occurrence' under the policies because it was not the conduct which caused injury." Id.
The facts in this case clearly show that the abuser understood the sexual nature of his conduct as well as its wrongfulness. He threatened the child by telling her that a "green monster" would get her if she told anyone of his behavior. The conduct occurred in the downstairs bathroom of the residence in a location where his conduct would not easily be detected. The Does' son's conduct was not "without intention or design." Wilcox, 123 Idaho at 9, 843 P.2d at 159. An accident is an unexpected event which is the result of unintentional conduct or an intentional act which results in unexpected consequences. The district court found the facts established "intentional acts of sexual abuse." There is no other reasonable interpretation of the facts. This intentional conduct, with consequences that could be expected, cannot be characterized as an accident. Therefore, there was no "occurrence" within the meaning of the policy.
The policies in question do not afford coverage because there was no "occurrence." It is unnecessary to consider 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 of the policies.
IV.
CONCLUSION
The district court's grant of summary judgment is affirmed. Costs on appeal are awarded to State Farm. No Attorney fees are awarded on appeal.
McDEVITT, C.J.,[fn*] JOHNSON and TROUT, JJ., and WOOD, J. Pro Tem., concur.
ADDENDUM ON DENIAL OF REHEARING
This case is before us on a second petition for rehearing submitted by the Appellants. The Appellants assert that there is evidence in the record that creates a genuine issue of material fact as to whether the Does' son's conduct was an "accident" so as to be a covered "occurrence" under the policy. Specifically, counsel for the Appellants points to testimony of a psychologist and of Detective Steiner. For the reasons stated below, this Court does not find that this evidence establishes a genuine issue of fact as to the nature of the Does' son's conduct.
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