California Supreme Court· 3/11/1993

Horace Mann Ins. Co. v. Barbara B.

Citations

846 P.2d 792
4 Cal. 4th 1076
17 Cal. Rptr. 2d 210
93 Cal. Daily Op. Serv. 1820
93 Daily Journal DAR 3241
1993 Cal. LEXIS 871

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that, although in that case the plaintiffs allegations of sexual molestation and other misconduct were not “inseparably intertwined”, “[w]e do not sanction relabelling child molestation as negligence in order to secure insurance coverage for the plaintiffs injuries”
explaining that extrinsic facts “give rise to a duty to defend when they reveal a possibility that the claim may be covered by the policy” (emphasis added)
no evidence to compel the conclusion that nonsexual acts were inseparable from intentional sexual misconduct
“Any doubt as to 22 whether the facts give rise to a duty to defend is resolved in the insured’s favor.”
“Any doubt 21 as to whether the facts give rise to a duty to defend is resolved in the insured’s 22 favor.”
“We look not to whether noncovered acts predominate in the third party’s action, but rather to whether there is any potential for liability under the policy.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Panelli, Baxter, Arabian

Read full opinion on CourtListener

Cited by

250 cases in this archive cite this case; the 20 most cited are listed.

Cites

30 cases in this archive are cited by this case; the 20 most cited are listed.

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