State Farm Fire and Casualty Company v. Estate of Elmer Jenner Leonard Jenner, as of the Estate of Elmer Jenner, Deceased
Opinion
Opinion
Wiggins, J.
ORDER
Feb. 22,1989.
The petition for rehearing is GRANTED. The opinion filed September 8, 1988, is VACATED, and a revised opinion shall be filed.
ORDER
May 10,1989.
The February 22, 1989, order granting Jenner’s petition for rehearing and vacating the decision filed September 8, 1988, shall be published. Additionally, the second sentence of the order is amended to state: “The opinion filed September 8, 1988, is vacated, and a new opinion shall be filed.”
The suggestion for rehearing en banc is denied as moot. Defendant may file if he chooses a petition for rehearing and a suggestion for rehearing en banc with respect to the opinion filed this date.
OPINION
The estate of Elmer Jenner (Estate) appeals the district court’s grant of summary judgment in favor of State Farm Fire & Casualty (State Farm). State Farm filed a complaint for declaratory relief seeking a determination that it had no duty to defend or indemnify the Estate against claims for damages caused by Jenner’s sexual molestation of a twelve-year-old boy. In granting summary judgment, the district court found that Jenner’s actions were willful as a matter of law, or alternatively, that the Estate had failed to…