Background

• Chloe Crow, a child in Carolyn Dooley’s home daycare, was raped by Carolyn’s adult son Joshua Dooley in 2008; Joshua pled guilty and was sentenced to 50 years to life.
• Chloe, her parents, and siblings sued Joshua and Carolyn in 2010 for various damages including negligent supervision and related claims.
• United Ohio Insurance Company intervened in 2010 and sought a declaratory judgment that it had no duty to defend or indemnify Joshua or Carolyn under Carolyn’s UOIC homeowners policy.
• The trial court granted partial summary judgment: no coverage for emotional injuries, but coverage for Carolyn’s negligence claims; it held Joshua not covered and Carolyn’s negligence potentially covered.
• UOIC appealed, arguing Safeco Ins. Co. of Am. v. White controls and precludes coverage for Carolyn’s negligence due to exclusions for sexual molestation and related injuries.
• The appellate court ultimately held that the Sexual Molestation exclusion precludes coverage for Carolyn’s negligence, reversed the trial court's partial grant of summary judgment, and followed decisions in Myers and Porchervina to support the exclusion-based result.

Issues

Key Cases Cited

• Safeco Ins. Co. of Am. v. White, 122 Ohio St.3d 562 (Ohio 2009) (restricts coverage for negligence when paired with intentional acts; not binding here due to different policy language)
• Westfield Ins. Co. v. Hunter, 128 Ohio St.3d 540 (Ohio 2011) (interprets aris[ing] out of as requiring a direct causal connection for exclusions)
• Doe v. Shaffer, 90 Ohio St.3d 388 (Ohio 2000) (public policy on negligence related to sexual molestation; cited for policy considerations)