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SHELBY CASUALTY INS. CO. v. H.T.

918 A.2d 659 (2007)

391 N.J. Super. 406

SHELBY CASUALTY INSURANCE COMPANY, Plaintiff-Appellant, v. H.T., N.T., I.T. and J.T., Defendants-Respondents, P.G. by her g/a/l N.I. and N.I., Individually, Plaintiffs-Respondents, v. I.T. and J.T., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Reargued telephonically March 14, 2007.

Decided March 26, 2007.

Attorney(s) appearing for the Case

Paul A. Leodori, Mount Laurel, argued the cause of appellant (Leodori & Whelihan, attorneys; Mr. Leodori, on the brief).

Hugo Villalobos, Elizabeth, argued the cause for respondents, H.T., N.T., I.T. and J.T.

William O. Crutchlow argued the cause for respondents P.G. by her guardian ad litem N.I. and N.I. (Eichen Levinson & Crutchlow, attorneys; Barry R. Eichen, on the brief).

Before Judges SKILLMAN, LISA and GRALL.

The opinion of the court was delivered by

LISA, J.A.D.

The issue presented in this appeal is whether the inferred intent rule, which precludes, as a matter of law, insurance coverage for a sexual assault committed by an adult against a young child, applies when the sexual assault is committed by a minor under fourteen years of age. We hold that the per se rule does not apply and a factual determination must be made...

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