STATE FARM FIRE & CAS. CO. v. EZRIN

No. C 89-4575 RFP.

764 F.Supp. 153 (1991)

STATE FARM FIRE & CASUALTY COMPANY, an Illinois corporation, Plaintiff, v. Thomas EZRIN, Jennifer Mason, Bryan Freedman, and Edmund Fisher, Defendants.

United States District Court, N.D. California.

April 10, 1991.


Attorney(s) appearing for the Case

Fred M. Feller, York, Buresh & Kaplan, Berkeley, Cal., for plaintiff.

Clark G. Leslie, Law Offices of Clark G. Leslie, San Mateo, Cal., William Ahern, Ahern, Mooney & Rodriguez, Castro Valley, Cal., for defendants.


ORDER

PECKHAM, District Judge.

In this suit, State Farm Fire & Casualty Company ("State Farm") seeks a declaration that it has no duty to indemnify the insured, Thomas Ezrin, for damages arising from an alleged sexual assault. In its motion for summary judgment, State Farm contends that Ezrin's conduct was intentional and thus excluded by the terms of the policy and by California Insurance Code § 533. For the reasons outlined below, State Farm's...

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