North Dakota Supreme Court

Northwest G.f. Mutual Insurance Company, Plaintiff and Appellant v. Ray Norgard, Jean Norgard, Defendants, R.a. And…

June 15, 19941994 N.D. LEXIS 135

Summary

The court held that the homeowners policy's sexual-molestation exclusion barred coverage for Jean Norgard despite the policy's severability clause because the exclusion specifically addressed molestation by anyone connected with the day-care operation. The court also held that coverage depended on the injuries' source, not the legal theory pleaded against Jean, so allegations of negligent supervision did not avoid the exclusion. The summary judgment requiring Northwest to defend and indemnify Jean was reversed.