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592 So. 2d 418

Docket No. CW 91 1053.

Wallace v. Cappel

Dale and Carmelitte WALLACE v. Weldon CAPPEL.

Louisiana Court of Appeal

Decided November 8, 1991.

Rehearing Denied December 16, 1991.

Writ Denied February 7, 1992.

Louisiana Court of Appeal · decided 1991-11-08

Cited by 11 later decisions — most recently January 2009

11 state decisions

Key passage — most relied on by later courts

“Child molestation is a rare instance in which a factual determination of negligence or intentional conduct is inappropriate as a practical matter. It cannot result from careless conduct and only occurs as a result of a deliberate act by the perpetrator. Molestation of a child is a deliberate act, and therefore, is an intentional act.”

quoted by 4 later decisions, including Shaw v. Bourn, Ballex v. Naccari

Relies on Doe v. Smith · 558 So. 2d 744 - Menard v. Zeno · 573 So. 2d 1139 - State v. Encalarde

Good law ✅— No negative treatment on recordhow we know

Decided 1991-11-08

View the full empirical analysis of this case →

¶1R. Loren Kleinpter, for Dale and Carmelitte Wallace.

¶2Clinton Hyatt, for Weldon Cappel.

¶3Benjamin Ward and Michael Colvin, for relator State Farm.

¶4Before CRAIN, SHORTESS and LANIER, JJ.

¶5WRIT GRANTED. The judgment denying the motion for summary judgment filed by State Farm is hereby reversed, and judgment is entered in the relator's favor dismissing it from the suit. Child molestation is a rare instance in which a factual determination of negligence or intentional conduct is inappropriate as a practical matter. It cannot result from careless conduct and only occurs as a result of a deliberate act by the perpetrator. Molestation of a child is a deliberate act, and, therefore, is an intentional act. See Doe v. Smith,573 So.2d 238 (La.App. 1st Cir.1990), writ denied,573 So.2d 1139 (La.1991); Menard v. Zeno,558 So.2d 744 (La.App. 3d Cir.), writ denied,561 So.2d 121 (La.1990). Because the relator's policy excludes coverage for bodily injury intended or expected by the insured, there is no coverage under the policy.

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