Allstate Insurance v. Kim W.

Appellants Leroy Korte and Kim W. appeal from a judgment on the pleadings entered in favor of respondent Allstate Insurance Company in its action for declaratory relief. We affirm.

Appellant Kim W., a minor, filed an amended complaint through her guardian ad litem against appellant Leroy Korte, seeking compensatory and punitive damages for injuries resulting from several acts of sexual assault. Korte was insured by respondent Allstate Insurance Company (hereafter Allstate) under a homeowner’s insurance policy, which expressly excluded coverage for “bodily injury or property damage intentionally caused by an insured person.” Allstate brought an action for declaratory relief against both Korte and Kim W., among others, seeking a declaration that the policy provided no coverage to Korte for the acts alleged in Kim’s complaint. Paragraph VI of Allstate’s complaint alleged that during the years 1978 and 1979, Korte engaged in conduct with Kim W. and others, “assaulting and battering them for his own sexual gratification and in violating [szc] Section 288 of the Penal Code . . . and subdivisions A (b)(2) and Section 288 (c) [sic].”

Korte answered, admitting that in those…