Harden v. State Farm Fire and Cas. Co.

The plaintiff insurance company was properly granted a declaratory judgment that it had no duty to defend or provide coverage to the defendant wife on the negligence claims asserted against her in a suit alleging that her husband sexually abused a child in their home.

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Beverly Harden and her husband, Ronald Harden, were named as defendants in a suit brought by Sharon Barrett as the parent and guardian of her minor child. Barrett alleged that Ronald Harden sexually abused the child while the child was visiting with the Hardens’ minor child at the Hardens’ residence. The suit claimed that Beverly Harden was also liable because she knew or should have known that her husband would sexually abuse the child, and that she negligently failed to properly supervise the child and left the child alone with her husband. The Hardens tendered the defense of the suit to their homeowner’s insurance carrier, State Farm Fire & Casualty Company. While taking the position that it had no duty to provide coverage or a defense to Ronald Harden on the sexual abuse claim, State Farm filed a declaratory judgment action naming the Hardens and Barrett as defendants and seeking a declaration that it also had no duty to defend or provide coverage to Beverly Harden on the claims asserted against her in the suit. The trial court granted summary judgment in favor of State Farm, and Beverly Harden appeals in Case No. A04A1888. In Case No. A04A1889, Barrett appeals separately from the award of summary judgment in favor of State Farm. For the following reasons, we find the trial court correctly declared that State Farm had no duty to provide coverage or a defense to Beverly Harden.

A04A1888

Harden v. State Farm Fire and Cas. Co.

The plaintiff insurance company was properly granted a declaratory judgment that it had no duty to defend or provide coverage to the defendant wife on the negligence claims asserted against her in a suit alleging that her husband sexually abused a child in their home.

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