State Farm Fire and Casualty Company v. Estate of Elmer Jenner Leonard Jenner, as of the Estate of Elmer Jenner, Deceased

The estate of Elmer Jenner [Jenner] appeals the district court’s grant of summary judgment in favor of State Farm Fire & Casualty. State Farm filed a complaint for declaratory relief seeking a determination that it had no duty to defend or indemnify Jenner against claims for damages caused by Elmer Jenner s sexual molestation of a twelve-year-old boy. In granting summary judgment, the district court found that Elmer’s actions were willful as a matter of law, or alternatively, that Jenner had failed to present any admissible or credible evidence to refute State Farm’s evidence of intent.

FACTS AND PROCEEDINGS BELOW

On September 26, 1985, the Sonoma County District Attorney filed an information against Elmer Jenner, charging him with sexually molesting a then twelve-year-old boy. Specifically, Jenner was charged with three counts of violating California Penal Code section 288(a) and two counts of violating section 288a(c). Jenner pled guilty to all counts on October 27, 1985. Soon afterwards he committed suicide.

On May 30, 1986, the victim, through his guardian ad litem, filed a civil action against the Jenner estate. The complaint sought damages on theories of negligent and…