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HORACE MANN INS. CO. v. LEEBER

No. CC985.

376 S.E.2d 581 (1988)

HORACE MANN INSURANCE COMPANY, a Corporation v. James V. LEEBER, Brian H., An Infant Under the Age of Eighteen Years, David H., Pat H. and the Raleigh County Board of Education.

Supreme Court of Appeals of West Virginia.

December 20, 1988.

Attorney(s) appearing for the Case

Kimberly G. Mann, Lynch, Mann, Smith & Mann, Beckley, for appellant.

John A. Hutchison, James R. Sheatsley, Earl Kent Hellems, Gorman, Sheatsley & Hutchison, Beckley, for Brian H. et al.

John R. Hoblitzell, Jr., Karen Speidel Rodgers, Kay, Casto & Chaney, Charleston, for Raleigh Co. Bd. of Ed.

McHUGH, Chief Justice:

This case presents two related questions of first impression in this jurisdiction, specifically, whether a homeowner's or other liability insurer has a duty to (1) defend and to (2) pay on behalf of its insured when an action has been brought against the insured based upon alleged sexual misconduct and when the insurance policy has an exclusion from coverage for "liability ... caused intentionally by ... the insured." The Circuit Court of Raleigh...

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