Wolf
State Farm Fire & Casualty Co. v. Wolf
Opinion
Lead Opinion
MEMORANDUM ***
Robert Leon Wolf (“Wolf’) appeals the district court’s order granting summary judgment to State Farm Fire & Casualty Company (“State Farm”). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.
We review de novo a district court’s grant of summary judgment. American Civil Liberties Union v. City of Las Vegas, 333 F.3d 1092, 1096-97 (9th Cir.2003).
P.H. filed suit against Wolf in Oregon circuit court for sexual assault and battery of a child, intentional infliction of emotional distress, breach of fiduciary duty, and negligence, stemming from an April 1988 incident in which Wolf, then 38 years of a age, *656 engaged in sexual intercourse with P.H., then a 16 year old minor. At the time of the acts in question, Wolf was insured under a Homeowner’s Policy and a Personal Liability Umbrella Policy issued by State Farm. Each policy excluded from coverage injury that was expected or intended by the insured. Pursuant to those provisions, State Farm filed a complaint in federal district court, seeking a declaratory judgment that it had no duty to defend Wolf in the action brought by P.H. because she alleged conduct demonstrating an intent to harm.