A New Jersey Appellate Court ruled that a homeowners insurance policy may cover a sexual assault by a minor under the age of 14, but only if the assailant didn't realize he was doing harm to the victim.
A three-judge panel ruled on Monday that typically, under the inferred intent rule, an adult understands that a sexual assault causes harm. The law recognizes that a minor of 14 or older is thought to understand this concept. However, courts have not taken the same stance with minors younger than 14, feeling they do not understand that their acts harm an individual.
An attorney for an insurer said the ruling could have ramifications for cases in other states.
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