St. Paul Fire & Marine Insurance Company, a Minnesota Corporation v. F.H. K.W.

Good Law
55 F.3d 1420·95 Daily Journal DAR 6732·1995 U.S. App. LEXIS 12698·95 Cal. Daily Op. Serv. 3917
United States Court of Appeals for the Ninth CircuitMay 26, 199593-35746California2,942 words

Opinion

Opinion

Canby, J.

I

F.H. and her son K.W. appeal a district court order granting St. Paul Fire and Marine Insurance Company summary judgment in this declaratory judgment action. The district court held that an insurance policy St. Paul issued to Big Brothers and Big Sisters of Alaska (BB/BS) does not provide coverage to BB/BS executive director Kenneth McQuade for damages arising out of McQuade’s sexual abuse of K.W. We reverse and remand for further proceedings.

II

From 1979 until late summer or early fall of 1984, McQuade was executive director of Big Brothers/Big Sisters in Juneau. His duties included supervision of the program in which volunteer “Big Brothers” and “Big Sisters” acted, as their name implies, as ad-visors, role models and confidants of boys and girls who qualified as “Little Brothers” or “Little Sisters.” MeQuade’s duties included: interviewing volunteers and children and their parents to determine whether the volunteers and children met the requirements of the program; matching Big and Little Brothers and Sisters; supervising those matches; and interpreting the general program to the community. McQuade first came into contact with K.W. because KW.’s siblings were in the…

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