Jessica Morton, a Minor, by Loryn Morton, Her Guardian Ad Litem v. Safeco Insurance Company
Opinion
Opinion
Sneed, J.
ORDER
The memorandum disposition filed April 19, 1990, is redesignated as an authored opinion by Judge Sneed. The opinion is hereby attached to this order.
OPINION
Jessica Morton, a minor, appeals a grant of summary judgment against her in her action against Safeco Insurance Company (Safeco) for declaratory relief and breach of good faith and fair dealing. Anthony Everett Miller sexually molested Morton in 1984. Morton claims that Safeco had a duty to indemnify Miller for damages resulting from psychological injuries he inflicted on Morton. She asserts also that Safeco had a duty to defend Miller in the underlying civil suit. In addition, Morton appeals the district court’s denial of her motion for reconsideration.
I.
FACTS AND PROCEEDINGS BELOW
The parties do not dispute the facts underlying this case. In that the underlying facts are known to the parties, we need not review them here.
We note, however, that on July 19, 1988, the district court granted summary judgment in favor of Safeco on two grounds: (1) that a violation of Penal Code § 288 is a willful act within the meaning of Cal.Ins. Code § 538 (West 1975) and is therefore excluded from insurance coverage under…