Kramer

Kramer v. State Farm Fire & Causualty Co.

Good Law
76 Cal. App. 4th 332·90 Cal. Rptr. 2d 301
Court of Appeal of CaliforniaDecember 8, 1999E022409California3,260 words

Opinion

Opinion

Richli, J.

We must decide whether, for purposes of insurance coverage, child molestation is an injury arising from the “ownership, maintenance, or use” of the premises on which the molestation occurs. We conclude that, absent a causal relationship between the use of the premises and the molestation, there is no coverage.

I

Factual and Procedural Background

In 1993, appellants Edwin B. and Dorothy Kramer purchased two rental dwelling policies from respondent State Farm Fire and Casualty Company (State Farm) covering residential properties in Grand Terrace and Chino. The policies included “business liability” coverage against claims for accidental injuries arising “from the ownership, maintenance, or use of the insured premises . . . The coverage applied to bodily injury, property damage, and “personal injury,” which was defined as injury arising out of specified torts such as false imprisonment and defamation. The limit of liability for each policy was $300,000 per occurrence and $600,000 per year.

The Kramers also purchased a State Farm homeowners policy for their residence in Mira Loma. This policy included “personal liability” coverage against claims for bodily injury or…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.