Briones

Plaintiff Northland Insurance Company brought this declaratory relief action to obtain a judicial interpretation of its rights under a mobilehomeowners policy it had issued to defendant Daniel Briones, Jr.

The policy provided personal liability coverage in the event suit was filed against the insured for damages because of bodily injury or property damage. However, the policy specifically applied “only to accidents, occurrences, and loss during the policy period shown on Page One while Your mobile home and unattached structures are within the United States . . . .”

An endorsement to the policy provides that physical/sexual abuse is not covered by the policy: “This insurance does not apply to any ‘bodily injury,’ ‘property damage,’ ‘personal injury,’ or ‘medical expense’ arising out of: R[] 1. Physical abuse, sexual abuse, sexual molestation or sexual harassment by anyone .... K] ... [H] This exclusion applies whether damages arise from an insured’s act or failure to act.”

The declaratory relief complaint alleges that defendant Briones had been sued for personal injury damages in an action filed in Riverside Superior *801 Court by Connie L., a minor, and her parents…

Today the majority holds that each of the injuries alleged in the underlying complaint arose from the alleged *812 intentional sexual misconduct of defendant Daniel Briones, Jr., (Briones) and based thereon concludes that there was no potential that he might be covered for his acts under the policy of insurance he purchased from plaintiff Northland Insurance Company (Northland). I certainly agree with the majority that the acts Briones is alleged to have engaged in are reprehensible, especially in light of the position of trust that he held among a group of perhaps particularly vulnerable young people. However, because of the procedural posture in which this case comes before us, we are required by law to broadly construe the allegations of the underlying complaint in favor of Briones, and to resolve any doubts as to whether the facts give rise to a duty to defend in his favor. (Horace Mann Ins. Co. v. Barbara B. (1993) 4 Cal.4th 1076, 1081, 1084 [ 17 Cal.Rptr.2d 210 , 846 P.2d 792 ] (Horace Mann); Oliver v. .County of Los Angeles (1998) 66 Cal.App.4th 1397, 1403 [ 78 Cal.Rptr.2d 641 ].) Thus, for the reasons that follow, I respectfully dissent.

Northland claims that the acts…

Plaintiff Northland Insurance Company brought this declaratory relief action to obtain a judicial interpretation of its rights under a mobilehomeowner's policy it had issued to defendant Daniel Briones, Jr.

The policy provided personal liability coverage in the event suit was filed against the insured for damages because of bodily injury or property damage. However, the policy specifically applied "only to accidents, occurrences, and loss during the policy period shown on Page One while YOUR mobile home and unattached structures are within the United States...."

An endorsement to the policy provides that physical/sexual abuse is not covered by the policy: "This insurance does not apply to any `bodily injury,' `property damage,' `personal injury,' or `medical expense' arising out of: [¶] 1. Physical abuse, sexual abuse, sexual molestation or sexual harassment by anyone.... [¶] ... [¶] This exclusion applies whether damages arise from an insured's act or failure to act."

The declaratory relief complaint alleges that defendant Briones had been sued for personal injury damages in an action filed in Riverside Superior Court by Connie L., a minor, and her parents…