Huie

ORDER ON MOTION FOR SUMMARY JUDGMENT

Plaintiff has made a motion for summary judgment, seeking a determination that as a matter of law there is no coverage under the policy of insurance issued by it. The motion was argued and submitted. The court has studied the moving papers, the opposing papers, the record, and the applicable authorities. The court concludes that there is no genuine issue of material fact necessary to the decision of the coverage issue, and that summary judgment should be granted to plaintiff.

I.

The following facts are undisputed in the record:

Traci Bomke, a minor female, was forced by Fredrick Trudell into a car driven by Robert Huie. Huie drove the car to an isolated area where Bomke was raped and forced into oral copulation. Those acts were committed by Trudell, with Huie at least present at the scene. There is evidence, although it is not necessary for purposes of this decision, that she was also sexually assaulted by Huie. The events occurred at gun point, and the gun was owned by Huie.

Huie and Trudell were arrested and charged with offenses resulting from the event. They pleaded guilty to rape, kidnapping and forcible oral copulation, and are in…