Flores

Flores v. AMCO Insurance

Good Law
323 F. App'x 587
United States Court of Appeals for the Ninth CircuitApril 23, 2009No. 07-17259California278 words

Opinion

Lead Opinion

MEMORANDUM ***

Amanda Flores (“Flores”) appeals the district court’s order dismissing her insurance coverage claims and entering judgment in favor of AMCO Insurance Company (“AMCO”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. The parties are familiar with the facts of the case, so we repeat them here only to the extent necessary to explain our decision.

In granting AMCO’s Fed.R.Civ.P. 12(b)(6) motion, the district court concluded that the sexual conduct exclusion contained in Flores’s homeowner’s insurance policy was not ambiguous and specifically excluded the conduct at issue. We agree.

The plain meaning of the sexual conduct exclusion is clear. It is a broad exclusion stating that any bodily injury or property damage arising out of sexual conduct, no matter by whom, is excluded from liability *588 coverage. The location of the sexual conduct exclusion does not render the otherwise clear language ambiguous.

The sexual conduct exclusion makes clear that the policy does not cover bodily injury caused by any person, including those other than the insured. Accordingly, Flores was not entitled to defense and indemnity for any of the claims in the underlying…

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