AMERICAN FAMILY MUT. INS. CO. v. PURDY

No. 17507.

483 N.W.2d 197 (1992)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff and Appellant, v. Bradley Alan PURDY; D.L. and J.L., and D.L. as Guardian ad Litem of C.L. and A.L., Minors, Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 25, 1992.

Rehearing Denied April 29, 1992.


Attorney(s) appearing for the Case

Douglas M. Deibert, Cadwell, Sanford & Deibert, Sioux Falls, for plaintiff and appellant.

Donald P. Knudsen, Gunderson, Palmer, Goodsell & Nelson, Rapid City, for defendants and appellees.

Patrick K. Duffy, Rodney W. Schlauger, Bradley, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellee Purdy.


SABERS, Justice.

Insurer (American Family) appeals a determination that it has a duty to defend and to pay for expected or intended injury arising from sexual contact. We reverse.

FACTS

Bradley Purdy (Purdy) sexually molested A.L. on approximately fifteen occasions when A.L. was between 4 and 6 years of age. Purdy also sexually molested C.L., A.L.'s older brother, on three occasions. The molestation of both children consisted of Purdy fondling their...

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