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C.L. v. SCHOOL DIST. OF MENOMONEE FALLS

No. 97-0083.

221 Wis.2d 692 (1998)

585 N.W.2d 826

C.L. and T.W. (minor), by his Guardian ad Litem, D. Michael Guerin, Plaintiffs, v. The SCHOOL DISTRICT OF MENOMONEE FALLS and Crum & Forster, Defendants, John W. BAUERNFEIND, Defendant-Appellant, AETNA CASUALTY & SURETY Co., Defendant-Intervenor, HORACE MANN INSURANCE Co., Defendant-Intervenor-Respondent.

Court of Appeals of Wisconsin.

Decided September 1, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Mark J. Goldstein of Padway & Padway, Ltd. of Milwaukee.

On behalf of the defendant-intervenor-respondent, the cause was submitted on the brief of John D. Finerty, Jr. of Kravit, Gass & Weber, S.C. of Milwaukee.

Before Wedemeyer, P.J., Schudson and Curley, JJ.

WEDEMEYER, P.J.

John W. Bauernfeind appeals from a grant of summary judgment in favor of Horace Mann Insurance Co., the employment liability insurer for educators. He claims the trial court erred in concluding that the criminal acts and intentional acts exclusions in the policy relieved Horace Mann of defending Bauernfeind in the civil suit filed by T.W., which alleged that Bauernfeind sexually assaulted T.W. He also claims that Horace Mann must defend him against...

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