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Community Action for Gr. Midd. Co. v. Amer. Alliance

Supreme Court of Connecticut
Aug 29, 2000
254 Conn. 387 (Conn. 2000)

Summary

holding that an abuse or molestation exclusion unambiguously covered claim of sexual touching even though terms "abuse" and "molestation" were not defined

Summary of this case from Sarah G. v. Maine Bonding Cas. Co.

Opinion

(SC 16131)

Syllabus

The plaintiff, C Co., sought damages from the defendant insurer, A Co., alleging that A Co. had breached its insurance contract with C Co. by failing to defend C Co. in a separate civil action brought against C Co. on behalf of a child victim who alleged that she had been sexually abused and molested by three other children while attending a preschool program operated by C Co. The trial court, in granting A Co.'s motion for summary judgment, did not explain its reasoning for its decision other than citing to one Superior Court case. The trial court rendered judgment in favor of A Co., from which C Co. appealed to the Appellate Court, which affirmed the trial court's judgment, concluding that the record was inadequate for appellate review because C Co. had failed to provide the Appellate Court with a memorandum of decision or signed transcript of an oral ruling in which the trial court stated its reasoning in support of its decision. On the granting of certification, C Co. appealed to this court. Held:

1. The Appellate Court improperly determined that the record was inadequate for review of C Co.'s claim that the trial court improperly had rendered summary judgment for A Co.: although it would have been preferable for the trial court to have provided a more detailed explanation of its ruling, the issue of whether A Co. had a duty to defend C Co. was purely a question of law requiring de novo review by the Appellate Court and, therefore, the precise legal analysis undertaken by the trial court was not essential to the Appellate Court's consideration of C Co.'s claim on appeal; furthermore, the Superior Court case cited by the trial court in support of its decision to grant A Co.'s motion for summary judgment addressed an issue analogous to the issue presented in this case, in a manner consistent with the trial court's conclusion, indicating that the trial court correctly identified the applicable law.

2. The trial court properly granted A Co.'s motion for summary judgment on the ground that A Co. had no duty to defend C Co. in connection with the action brought against it on behalf of the victim; the insurance policy explicitly and unambiguously excluded from coverage the conduct alleged in the complaint filed in the action brought against C Co., and, notwithstanding C Co.'s claim that, based on the tender age of the children who allegedly abused and molested the victim, it could not be presumed that their conduct was sexually motivated, there was nothing in the language of the exclusion to indicate that the alleged abuse or molestation must have been sexually motivated or calculated to arouse the persons involved in the offending conduct.

Argued March 15, 2000

Officially released August 29, 2000

Procedural History

Action to recover damages for breach of a general liability insurance contract arising from the defendant's refusal to defend the plaintiff in a separate civil action brought against it, brought to the Superior Court in the judicial district of Middlesex, where the court, Stanley, J., denied the plaintiff's motion for summary judgment, granted the defendant's motion for summary judgment and rendered judgment thereon for the defendant, from which the plaintiff appealed to the Appellate Court, O'Connell, C.J., and Sullivan and Stoughton, Js., which affirmed the trial court's judgment, and the plaintiff, on the granting of certification, appealed to this court. Affirmed.

John W. Lemega, with whom, on the brief, was Michael S. Taylor, for the appellant (plaintiff). Linda L. Morkan, with whom, on the brief, was Theodore J. Tucci, for the appellee (defendant).


Opinion


The principal issue raised by this certified appeal is whether the defendant insurer, American Alliance Insurance Company, had a duty to defend its insured, the plaintiff, Community Action for Greater Middlesex County, Inc., in a negligence action brought against the plaintiff on behalf of a child who alleged that she had been sexually abused and sexually molested by three other children while the four children were attending a preschool program operated by the plaintiff. The defendant contends that it had no duty to defend the plaintiff in light of an exclusion in its insurance policy for abuse or molestation. We agree with the defendant.


Summaries of

Community Action for Gr. Midd. Co. v. Amer. Alliance

Supreme Court of Connecticut
Aug 29, 2000
254 Conn. 387 (Conn. 2000)

holding that an abuse or molestation exclusion unambiguously covered claim of sexual touching even though terms "abuse" and "molestation" were not defined

Summary of this case from Sarah G. v. Maine Bonding Cas. Co.

holding that the phrase "`actual or threatened abuse or molestation by anyone of any person'" is "broad language" that may include many things within its purview, including, but not limited to "unwanted contact of a sexual nature"

Summary of this case from American Commerce Ins. Co. v. Porto

holding that "the insurer's duty to defend is measured by the allegations of the complaint"

Summary of this case from Fire Ins. Exchange v. the Estate of Therkelsen

underlying suit alleged sexual molestation of female child who attended insured's preschool by three young boys who also attended the preschool

Summary of this case from Valley Forge Ins. Co. v. Field

noting that “duty to defend” cases are “determined by comparing the allegations of [the underlying] complaint with the terms of the insurance policy”

Summary of this case from Merrimack Mut. Fire Ins. Co. v. Clawson

considering a sexual abuse or molestation exclusion and noting "[w]hatever other conduct that broad language may include within its purview, it certainly includes unwanted contact of a sexual nature" and noting "the plaintiff has not identified any case, and we are aware of none, in which a policy exclusion for abuse or molestation has been deemed ambiguous"

Summary of this case from Wohlforth v. Am. Cas. Co. of Reading

considering a sexual abuse or molestation exclusion and noting "[w]hatever other conduct that broad language may include within its purview, it certainly includes unwanted contact of a sexual nature" and noting "the plaintiff has not identified any case, and we are aware of none, in which a policy exclusion for abuse or molestation has been deemed ambiguous"

Summary of this case from Wohlforth v. Am. Cas. Co. of Reading

underlying suit alleged sexual molestation of student at insured's preschool by other students

Summary of this case from Acadia Ins. Co. v. Pearl River Cmty. Coll.

interpreting exclusion for "actual or threatened abuse or molestation" and holding that "[t]here is nothing in the language of the exclusion to indicate that the alleged abuse or molestation must be sexually motivated or calculated to arouse the person or persons involved in the offending conduct; the boys' nonconsensual grabbing and fondling of Poe fall within the plain meaning of the words `abuse' and `molestation' irrespective of the boys' subjective state of mind."

Summary of this case from Safeco Insurance Company of America v. Vecsey

noting that the court in that case could uncover no precedent holding policy exclusions for "abuse and molestation" ambiguous

Summary of this case from American Commerce Ins. Co. v. Porto

In Community Action the policy "expressly exclude[d] coverage for, inter alia, bodily or personal injury `arising out of (a) the actual or threatened abuse or molestation...'"

Summary of this case from Merrimack Mut. Fire v. Ramsey

In Community Action for Greater Middlesex County, Inc. v. American Alliance Ins. Co., supra, 254 Conn. 389, the court reviewed the trial court's determination that the defendant insurer had no duty to defend the plaintiff in a separate civil action.

Summary of this case from New London County Mut. Ins. v. Riddick

stating that "the policy words must be accorded their natural and ordinary meaning . . . construed from the perspective of a reasonable lay person in the position of the purchaser of the policy."

Summary of this case from Hartford Casualty Ins. Co. v. Myers
Case details for

Community Action for Gr. Midd. Co. v. Amer. Alliance

Case Details

Full title:COMMUNITY ACTION FOR GREATER MIDDLESEX COUNTY, INC. v . AMERICAN ALLIANCE…

Court:Supreme Court of Connecticut

Date published: Aug 29, 2000

Citations

254 Conn. 387 (Conn. 2000)
757 A.2d 1074

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