UNITED SERVS. AUTO. ASS'N v. DeVALENCIA

Nos. 1 CA-CV 95-0309, 1 CA-CV 95-0412.

949 P.2d 525 (1997)

190 Ariz. 436

UNITED SERVICES AUTOMOBILE ASSOCIATION, Plaintiff-Appellee, v. Veronica DeVALENCIA and Jairo DeValencia, wife and husband; Z.D., S.D. and J.D., by and through their next friends and parents, Veronica DeValencia and Jairo DeValencia, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied January 21, 1998.


Attorney(s) appearing for the Case

Ostreicher & Vatz, P.C. by Jeffrey I. Ostreicher and Michael L. York, Phoenix, for Defendants-Appellants.

Teilborg, Sanders & Parks, P.C. by David J. Damron and Melinda K. Cekander, Phoenix, for Plaintiff-Appellee.


OPINION

FIDEL, Judge.

In this appeal from summary judgment in favor of Appellee United Services Automobile Association ("USAA"), we consider whether acts of child molestation committed by a minor were covered by his family's homeowners' insurance policy issued by USAA, or were excluded from such coverage under the "expected or intended" injury exclusion of the policy.

When an adult commits an act of child molestation, it is irrebuttably presumed...

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