Westfield Cos. v. Kette
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1 WESTFIELD COMPANIES, APPELLANT, V. KETTE ET AL., APPELLEES. 2 [Cite as Westfield Cos. v. Kette (1996), ___ Ohio St.3d ___.] 3 Insurance -- Incidents of intentional acts of sexual molestation of a minor 4 do not constitute occurrences for purposes of determining liability 5 insurance coverage -- Public policy precludes issuance of insurance to 6 provide liability coverage for injuries resulting from intentional acts of 7 sexual molestation of a minor. 8 9 (No. 96-1127 -- Submitted October 8, 1996 -- Decided December 11, 1996.) 10 APPEAL from the Court of Appeals for Erie County, No. E-95-051. 11 __________ 12 13 Davis & Young Co., L.P.A., Jan L. Roller and Dennis R. Fogarty, for appellant. 1 William M. Crosby and Nancy A. Kelly, for appellees Christian 2 Pfanner, Barbara Kette Perrin, Chris Perrin, Stephen Kette, Janice Kette, 3 Allyn Magers, and Stacy Magers. __________ 4 5 The discretionary appeal is allowed. 6 The judgment of the court of appeals is reversed on the authority of 7 Cuervo v. Cincinnati Ins. Co. (1996), 76 Ohio St.3d 41, 665 N.E.2d 1121. 8 MOYER, C.J., RESNICK, PFEIFER, COOK and STRATTON, JJ., concur. 9 DOUGLAS, J., dissents. 10 11 F.E. SWEENEY, J., dissents and would affirm the judgment of the court of appeals. 12 2
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