Californians for Responsible Toxics Management v. Kizer

In this case a third grade teacher sexually abused one of his pupils. In an underlying proceeding a $350,000 judgment was entered against him. At the time of the abuse the teacher was covered by an "Educators Employment Liability Policy." The policy covers events which occur in the course of activities performed by the teacher pursuant to the express or implied terms of his employment. We find as a matter of law sexual abuse is unrelated to a teachers employment and hence not within the coverage provided by the policy. Accordingly we affirm the trial courts order granting his insurers motion for summary judgment.