JANE D. v. Ordinary Mutual

Plaintiff Jane D. brought suit against Father Michael Dermody. Beginning when she was 15, she sought counseling from him and he induced her to have sexual relations with him. Her suit resulted in a default judgment. Plaintiff then brought a declaratory relief action seeking to establish coverage for that judgment under a policy issued by defendant The Ordinary Mutual. Defendant’s motion for summary judgment was granted and plaintiff appeals from the subsequent judgment. She contends several of her theories of coverage were ignored and material factual issues remain. We affirm.

Factual and Procedural Background

In 1990, plaintiff brought suit against Father Michael Dermody and the Diocese of Sacramento Education and Welfare Corporation. The complaint contained causes of action for negligence, negligent infliction of emotional distress, and breach of fiduciary duty. Plaintiff alleged she sought counseling, advice and direction from Father Dermody for over 20 years beginning in 1965. During this counseling Father Dermody obtained information about her that he used to influence and control her behavior. Father Dermody encouraged and induced plaintiff to engage in sexual…