Summary judgment is appropriate when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Whether the trial court erred in granting State Farm summary judgment depends upon the construction given the language of the policy. Farm Bureau Mut. Here, the facts are essentially undisputed. 1. pay up to our limit of liability for the damages for which the insured is legally liable.
Bodily injury includes bodily harm, sickness, or disease.
Occurrence is defined as an accident which results in bodily injury. For R.W.'s argument to succeed, we would have to determine that the molestation of R.W. was an accident. Gerrity's act of sexually molesting R.W., while he was asleep, cannot be deemed an accident. The above definition suggests an event outside the realm of an individual's control. Gerrity's acts cannot be so described.