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Hagan Country Mutual Insurance Co. Hagan Annotate this Case. Plaintiff-Appellee, v. Todd Kennedy, Defendants. Judge, Presiding. At issue is whether Country Mutual must defend and indemnify Marty Hagan in a lawsuit filed by defendant Jennifer Hardwick. Hardwick filed a complaint against Marty Hagan and his parents, defendants John Martin Hagan and Carol Hagan, alleging that Marty Hagan had sexually abused her when she was 6 years old and he was The Hagans tendered their defense in this action to Country Mutual, who insured them under a homeowner s policy.
Subsequently, Country Mutual filed a declaratory judgment action, in which it asserted that it owed neither indemnification nor a defense to the Hagans because Hardwick s complaint alleged intentional acts.
The trial court granted summary judgment in favor of John and Carol Hagan and against Country Mutual, and neither party appeals that ruling. Marty Hagan, however, appeals the trial court s judgment granting summary judgment against him and in favor of Country Mutual. We reverse. In her five-count fourth amended complaint, Hardwick alleged that, during the summer of , Marty Hagan invited Hardwick and her seven-year-old brother to his room to play.
(mh=uJUdF2VRdPxLZQNH)0.jpg "Whores in Trier")
In his room, Marty Hagan performed certain sexual acts with Hardwick, such as forcing her to perform oral sex and attempting to rape her. Based on these allegations, Hardwick alleged that Marty Hagan was liable for assault and battery, for intentional infliction of emotional distress, for negligence, and for willful and wanton conduct.
