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ALLSTATE INS. CO. v. GILBERT

No. 87-6204.

852 F.2d 449 (1988)

ALLSTATE INSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellee, v. Albert Joseph GILBERT; Defendant-Appellant, Margaret E. Gilbert, Defendant-Counter-Claimant-Appellant, and Douglas Bryant; Linda Bryant; and Jennifer Stangle, a minor, Defendants.

United States Court of Appeals, Ninth Circuit.

Decided July 19, 1988.

Attorney(s) appearing for the Case

Dorette S. Feit, Irell and Manella, Los Angeles, Cal., for plaintiff-counter-defendant-appellee.

Robert S. Gianelli, Gianelli and Morris, Los Angeles, Cal., for defendants-appellants.

Before BRUNETTI, KOZINSKI and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Albert Gilbert ("Albert") and Margaret Gilbert ("Margaret"), husband and wife, appeal from a summary judgment in favor of Allstate Insurance Company ("Allstate"). Allstate filed a complaint for declaratory relief seeking a determination that it had no duty, under a homeowner's insurance policy, to defend or indemnify either Albert or Margaret against claims for damages caused by Albert's alleged sexual molestation of a minor. In granting...

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