Bjork

Bjork v. State Farm Fire & Casualty Co.

Good Law
157 Cal. App. 4th 1·2007 Cal. App. LEXIS 1905·68 Cal. Rptr. 3d 405
Court of Appeal of CaliforniaNovember 21, 2007D049449California4,455 words

Opinion

Opinion

Irion, J.

In this opinion we consider an appeal by Darcie A. Bjork from the trial court’s order granting summary judgment in favor of State Farm Fire and Casualty Company and State Farm General Insurance Company (collectively, State Farm). Bjork sued State Farm to recover under the terms of homeowners insurance policies issued to Bjork’s mother, against whom Bjork obtained a stipulated judgment in the amount of $4.5 million for negligence in failing to prevent sexual molestation by Bjork’s father.

As we will explain, we agree with State Farm that because Bjork was a resident of her mother’s home at the time she was injured by the alleged molestation, the terms of the applicable policies exclude coverage for her mother’s personal liability. Accordingly, we affirm.

I

FACTUAL AND PROCEDURAL BACKGROUND

In the underlying action, Bjork sued her mother, Carol D. Fergerson (Carol), alleging that Carol was liable for negligence because she did not prevent Bjork from being molested by Bjork’s father and Carol’s husband, Melvin E. Fergerson (Melvin).

Bjork, who was bom in 1977 and resided in California with Carol and Melvin until at least 1997, alleged that she was sexually molested by…

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