NCJ Number
134539
Journal
Golden Gate University Law Review Volume: 18 Issue: 3 Dated: (Fall 1988) Pages: 539-566
Date Published
1988
Length
28 pages
Annotation
Under principles of contract interpretation, torts based on incestuous child sexual abuse should be covered by homeowner's insurance policies when the injury was neither expected nor intended by the insured, unless the insurer has expressly stated otherwise in the language of the contract.
Abstract
Many women who have been the victims of incestuous child abuse are bringing civil actions for damages against their abusers as a source of redress, a way to empower the victim, and a way to force abusers to take responsibility for their actions. Although no California appellate court has addressed the issue of whether insurers are liable for coverage of incest torts under homeowner's policies, some cases have settled at the trial court level with the insurer paying part of the settlement. The injuries related to incestuous abuse develop very slowly over time and in that way are similar to asbestosis. Thus, the "multiple trigger" analysis used by some courts when determining issues related to insurance coverage of asbestosis is appropriate when analyzing insurance coverage of incest torts. Such an analysis would allow an incest victim who lived in the insured's household during part of the evolution of the injury to claim coverage for the period of time after leaving the household. Footnotes