August 19, 2011

Janice Y. Walshok prevailed on a motion for summary judgment on behalf of a major insurer client in an action for insurance bad faith. The insurance company was exposed to significant liability regarding the sexual assault of a number of minors. The issue was whether the insurance policy provided coverage for injuries arising out of sexual molestation in light of a recent decision by the California Supreme Court in Minkler v. Safeco Insurance Company of America (2010) 49 Cal. 4th 315. Ms. Walshok successfully persuaded the court that the facts of the case were distinguishable from the Minkler decision. The court agreed, and ruled that the insureds were barred from coverage.