Horace Mann Insurance v. Analisa N.

Introduction

In this case a third grade teacher sexually abused one of his pupils. In an underlying proceeding a $350,000 judgment was entered against him. At the time of the abuse the teacher was covered by an “Educators Employment Liability Policy.” The policy covers events which occur in the course of activities performed by the teacher pursuant to the express or implied terms of his employment, We find as a matter of law sexual abuse is unrelated to a teacher’s employment and hence not within the coverage provided by the policy. Accordingly we affirm the trial court’s order granting his insurer’s motion for summary judgment.

Factual Summary

Between January and March 1979 Analisa N. was sexually abused by her third grade teacher Carl A. Pejsa. The abuse occurred in Pejsa’s classroom, during lunch breaks and after school. According to Analisa she was subjected to 20 separate incidents which included fondling, exhibitionism and masturbation. Prior to the molestations Analisa had been confiding in Pejsa about family problems she was experiencing. She had found him easy to talk to and she trusted him because he was her teacher.

On February 6, 1986, Analisa, by and…