State Farm Fire & Casualty Co. v. Century Indemnity Co

In State Farm Fire & Casualty Co. v. Century Indemnity Co. (1997) 59 Cal.App.4th 648, three former students sued four teachers and a school district, alleging that one of the teachers sexually molested them, and the other defendant teachers failed to report the offending teacher to the proper authorities. (Id. at p. 652.) The teacher accused of molestation tendered his defense to the district's insurer, and the insurer declined to defend. Thereafter, the teacher tendered his defense to State Farm Fire, which accepted the defense under the teacher's homeowners policy. (Ibid.) State Farm Fire thereafter filed suit against the district's insurer to recover the cost of defending the teacher. The trial court granted summary judgment in favor of State Farm Fire, and this court reversed. (Ibid.) State Farm Fire contended on appeal that Horace Mann Ins. Co. v. Barbara B. (1993) controlled, because the underlying complaint alleged both sexual misconduct and nonsexual conduct arising from the accused teacher's failure to report the allegations lodged against himself by the victim students. (State Farm Fire, supra, 59 Cal.App.4th p. 661.) However, this court disagreed, finding the accused teacher's negligent failure to report was "directly and necessarily linked to the molestation because it is information about that molestation that the teacher failed to report." (Id. at p. 662.) Furthermore, we concluded that "realistically, a subsequent failure to report one's own unlawful sexual contact with a minor is not distinct and separable conduct; rather, it is an integral part of the shroud of secrecy that typically hides molestation and is essential to its perpetration." (Ibid.) We determined that "the gravamen of alleged negligent failure to report and the alleged molestation is essentially the same: an injury to the minor's interest in protecting and preserving his or her physical integrity from sexual misconduct by the teacher." (Id. at p. 663.)