SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

Danielle M. Villa v. John F. Short (A-7-07)

Argued January 7, 2008 -- Decided June 5, 2008

WALLACE, J., writing for a majority of the Court.

This case concerns whether a homeowner’s insurance policy provides coverage to homeowners who are sued in connection with sexual assaults committed by their son. The precise question is whether the policy excludes coverage for all insureds if any insured under the policy commits an intentional or criminal act.

Joseph and Elsie Short owned a home in Williamstown, New Jersey. They obtained homeowner’s insurance with Allstate New Jersey Insurance Company (Allstate). The Shorts have two children, Elizabeth and John. Elizabeth married and on November 25, 1978, gave birth to Danielle Villa. John, who has lived with his parents at all times, was diagnosed as mildly mentally retarded when he was six years old. In 1983, while on a family vacation, John sexually abused his niece, Danielle. At the time, John was twenty-one years old and Danielle was five. On various occasions between 1983 and 1988, John sexually assaulted Danielle at his parents’ house in Williamstown.