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McAlley v. Selective Ins. Co. of America, 2011 WL 601662 (Del. Super.)

This case arises from an underlying complaint naming plaintiff as a defendant, alleging that plaintiff, in her official capacity as a teacher, sexually abused a minor student. This declaratory judgment sought a defense to the underlying complaint under a policy of liability insurance issued to the school district, plaintiff's employer. Plaintiff argued that coverage was triggered because she was an agent of the school district acting in the course of her employment at all relevant times. Defendant denied coverage on the basis that none of the allegations against plaintiff in the underlying complaint constituted an "occurrence" under the insurance policy, triggering coverage. The policy defined an "occurrence" as an accident. In granting defendant's motion for summary judgement, the court declined to accept that the count of negligence contained in the underlying complaint triggered coverage, finding that rape was intentional conduct. Therefore, the underlying complaint could not manufacture an "accident" in order to implicate coverage where the facts alleged did not support such a claim.

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