Horace Mann Insurance Company, a Corporation v. James v. Leeber, Brian H., an Infant Under the Age of Eighteen…

Summary

The Supreme Court of West Virginia answered two certified questions of first impression, holding that a liability insurer whose policy contains an 'intentional injury' exclusion has neither a duty to defend nor a duty to pay on behalf of an insured sued for damages allegedly caused by the insured's sexual misconduct with a minor. Adopting the majority objective test, the court held that the insured's intent to cause some injury is inferred as a matter of law because such conduct is inherently injurious and criminal, so the exclusion applies as a matter of law. Allegations of 'negligent' conduct were rejected as transparent attempts to trigger coverage. No separate opinions were filed.