United States Ninth Circuit

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Interstate Fire and Casualty Co. v. Roman Catholic Church of the Diocese of Phoenix, 12-17195

In a diversity insurance coverage case concerning indemnity for the alleged sexual abuse of adolescent males by priests in defendant-diocese, judgment in favor of defendant is reversed, and the grant of attorneys' fees and taxable costs is vacated and remanded, where: 1) based on the ordinary meaning of the policy exclusion and consistent with Arizona law, because the exclusion precluded coverage for "any assured" the assault and battery exclusion categorically excluded coverage for both the insured who committed the assault and battery as well as innocent co-insureds; and 2) the matter is remanded to the district court to determine whether the plaintiff-insurer was the "successful party" under Arizona law, and if so, whether to award attorneys' fees.

Appellate Information

  • Decided 07/30/2014
  • Published 07/30/2014

Judges

  • McKEOWN

Court

  • United States Ninth Circuit

Counsel


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