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STATE FARM FIRE AND CAS. CO. v. ESTATE OF JENNER

No. 87-2153.

856 F.2d 1359 (1988)

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff-Appellee, v. ESTATE OF Elmer JENNER; Leonard Jenner, as Executor of the Estate of Elmer Jenner, Deceased, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 8, 1988.

Attorney(s) appearing for the Case

Robert A. Smith, Mittleman & Smith, Sonoma, Cal., Alex Reisman, Colman, Reisman & Bourdon, San Francisco, Cal., A.J. Kutchins, Berkeley, Cal., for defendants-appellants.

Michael J. Brady, Redwood City, Cal., Gail Y. Norton, Ropers, Majeski, Kohn, Bentley, Wagner & Kane, San Francisco, Cal., for plaintiff-appellee.

Before SCHROEDER and WIGGINS, Circuit Judges, and DIMMICK, District Judge.

WIGGINS, Circuit Judge:

The estate of Elmer Jenner [Jenner] appeals the district court's grant of summary judgment in favor of State Farm Fire & Casualty. State Farm filed a complaint for declaratory relief seeking a determination that it had no duty to defend or indemnify Jenner against claims for damages caused by Elmer Jenner's sexual molestation of a twelve-year-old boy. In granting summary judgment, the district court found that Elmer's actions were willful...

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