FIRE INS. EXCHANGE v. DIEHL

Docket No. 100985, (Calendar No. 10).

450 Mich. 678 (1996)

FIRE INSURANCE EXCHANGE v. DIEHL

Supreme Court of Michigan.

Decided March 19, 1996.


Attorney(s) appearing for the Case

Harvey, Kruse, Westen & Milan, P.C. (by Michael F. Schmidt, Evelyn C. Tombers, and Maurice A. Borden), for the plaintiff.

Campbell, Keenan, Harry, Cooney & Karlstrom, P.C. (by C. Daniel Harry), for the defendants.


BRICKLEY, C.J.

In this case we decide if a homeowner's insurance policy covers the injury resulting from a child actor's requests for the child victim to perform fellatio and the child victim's acquiescence. We find that the policy may cover the incidents if a jury finds that the injury resulting from the child actor's conduct was not reasonably foreseeable to a child of like age, ability, intelligence, and experience under like circumstances.

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