United States DC Circuit

In insurance coverage dispute arising out of child sexual assault at a children's residential facility, and facility's assignment of its rights under a liability policy to minor, declaratory judgment for plaintiff insurer is reversed in part as the minor is entitled to receive payment from plaintiff of up to the aggregate annual limit of the policy for sexual abuse claims. However, plaintiff may reduce the amount due the minor by the amount plaintiff spent on investigating and defending the minor's suit against the facility.

Appellate Information

• Argued 10/23/2007
• Decided 01/04/2008
• Published 01/04/2008

Judges

• Before:  ROGERS, TATEL and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mark A. Packman argued the cause for appellant.   With him on the briefs was Alyson A. Foster.


• For Appellees:
  
• Sean M. Hanifin argued the cause and filed the brief for appellee. Carmen R. Kelley entered an appearance for appellee.