Worcester Insurance Company v. Fells Acre Day Care School, Inc. & Others, 408 Mass. 393 (1990).
Aug 22, 1990OUTCOME: Rape is per se an intentional act for insurance coverage purposes despite mental status of actor and on negligence counts each act constitutes a "separate occurance" to determine coverage limits.
In a case of first impression, the SJC held that the acts of rape are "per se" intentional despite the state of mind of the actor and thus no insurance coverage was afforded. However, Attorney DiGiulio ... , representing one of the abused children along with 9 other plaintiff attorneys (plaintiffs in a related action) were successful in obtaining a ruling that on the negligence claims, each wrongful act constituted a "separate occurrence" for purposes of coverage limits. The children's claims were settled in favor of them.
