(Download) "State Farm Fire and Casualty Co. v. Brown" by Arizona Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Farm Fire and Casualty Co. v. Brown
- Author : Arizona Court of Appeals
- Release Date : January 27, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
CONTRERAS, Judge State Farm Fire and Casualty Company (""State Farm"") brought a declaratory judgment action against both its insureds, Jack Brown and his wife (""Brown""), and a child molestation victim and her mother. The child and her mother previously had filed a civil tort action against Brown for injuries suffered from molestations perpetrated by Brown. Brown held a State Farm homeowner's insurance policy, and State Farm defended Brown in the tort action under a reservation of rights provision. In the present declaratory judgment action, State Farm contended that Brown's acts of molestation were intentional acts and therefore excluded from insurance coverage. After a bench trial in the superior court, the Judge found that Brown did not act intentionally in molesting the victim and, thus, that State Farm's policy covered Brown's acts. State Farm filed a motion for new trial and for judgment in its favor. A pro tem Judge granted the motion for new trial only.2 The victim and her mother appeal from the grant of a new trial; State Farm cross-appeals from the denial of judgment in its favor. Although we find no abuse of discretion in the grant of a new trial, we conclude that State Farm was entitled to judgment. Accordingly, we reverse the granting of the motion for new trial and remand for entry of judgment for State Farm.
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