Academic journal article Journal of Risk and Insurance

St. Paul Fire & Marine Insurance Company V. F.H

Academic journal article Journal of Risk and Insurance

St. Paul Fire & Marine Insurance Company V. F.H

Article excerpt

In this case, the Big Brothers and Big Sisters of Alaska and its executive director were defendants in a civil action seeking damages for injuries sustained by K. W., a minor, and his mother. The defendants requested that the insurance carrier, St. Paul, provide a defense. St. Paul defended Big Brothers and Big Sisters, but declined to defend the executive director. Big Brothers and Big Sisters was held not liable under respondeat superior for the executive director's acts of sexual abuse.

The plaintiffs then entered into a settlement agreement with the executive director, who confessed judgments for over $1 million. The executive director assigned any rights he might have against St. Paul as a result of the sexual abuse liability to the plaintiffs. In exchange, K. W. and his mother, F. H., agreed to not execute against the executive director on the confessed judgments. St. Paul then filed declaratory action seeking a declaration that the executive director was not an insured under any St. Paul policy and that St. Paul did not provide coverage to the executive director for acts of sexual abuse and did not owe a duty of defense and, further, that the rights transferred by the executive director to the plaintiffs were not enforceable against St. Paul.

The victim and his mother counter-claimed against St. Paul seeking a declaratory judgment that the executive director's acts of sexual abuse were covered by St. Paul's insurance policies and sought damages from St. Paul. The trial court found in favor of St. …

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