State Farm Fire and Casualty Company, an Illinois Corporation v. Traci Bomke

State Farm Fire and Casualty Co. (State Farm) brought this declaratory judgment action to determine whether its homeowner's insurance policy covers liability for damages caused by the participation of its insured, Robert Huie, in the kidnapping, rape, and forced oral copulation of fourteen year-old Traci Bomke. The district court granted summary judgment in favor of State Farm, 666 F.Supp. 1402 (N.D.Cal.1987), concluding as a matter of law that Huie’s acts demonstrated an intent to harm and thus were excluded from coverage under California law and by the policy’s provisions. We affirm.

DISCUSSION

Bomke contends on appeal that the district court erred in holding as a matter of law that Huie intended to harm her. Huie’s participation in the sexual assault began when he was driving with Frederick Trudell and spotted Bomke walking to school. Huie pulled over and Trudell used Huie’s gun to force Bomke into the car. Huie then drove to a secluded area where Trudell raped Bomke and forced her into oral copulation. While there is evidence that Huie also sexually assaulted her, the parties dispute this fact. Huie and Trudell were arrested and pleaded guilty to kidnapping, rape, and forced…