Talbot
Allstate Insurance v. Talbot
Opinion
Opinion
Aguilar, J.
CORRECTED ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
I. INTRODUCTION:
The Court has before it plaintiff’s motion for summary judgment and declaration that Allstate Insurance Company has no duty to defend or indemnify Floyd Talbot with respect to the lawsuit filed against him by Jane Doe, et al. in state court. The Court has received, read and considered all the papers submitted on the matter and in addition has heard the argument of counsel. Good cause appearing therefor, the Court HEREBY GRANTS the motion for the reasons set out below.
II. FACTUAL BACKGROUND:
The parties stipulated to the fact that for six months, between July 1,1984 to December 31, 1984, Floyd Talbot sexually molested Jane Doe, an eight year old child, in his home. On May 2, 1985, Talbot pled nolo contendere to one felony violation of California Penal Code § 288(a). In Mr. Talbot’s submitted statements to the court, he admitted to the sexual molestation of his daughter’s young friend.
In other written and verbal admissions, Mr. Talbot described the incidents or acknowledged the accusations that he exposed himself to the child, touched the child and had the child touch his “private parts.” He…