K.B. v. STATE FARM FIRE AND CAS. CO.

No. 1 CA-CV 96-0377.

941 P.2d 1288 (1997)

189 Ariz. 263

K.B., natural mother of A.B., a minor, Plaintiff-Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellee.

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

July 17, 1997.


Attorney(s) appearing for the Case

Crowe & Scott, P.A. by Michael B. Scott (Deceased), Phoenix, for Plaintiff-Appellant.

Peshkin & Kotalik, P.C. by Lawrence A. Peshkin, E.J. Kotalik, Jr. and Paulette S. Sarp, Phoenix, for Defendant-Appellee.


OPINION

GRANT, Judge.

In this case, we examine an insured's guilty plea to attempted child molestation and whether it falls within an intentional acts exclusion in a homeowner's insurance policy. We hold that the victim,1 as the assignee of the insured's rights against the insurer, is estopped from using the insured's voluntary intoxication to deny that he acted intentionally. The intentional acts exclusion therefore applies...

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