In Shelby Casualty Insurance Co. v. H.T., 2007 WL 879494 (N.J.Super.A.D., 2007), a homeowners' insurer sought declaratory judgment that the intentional injury exclusion barred coverage for a thirteen-year-old insured's sexual assault of a six-year-old girl.
The issue for the Superior Court of New Jersey to determine was whether the inferred intent rule, which precludes, as a matter of law, insurance coverage for a sexual assault committed by an adult against a young child, applies when the sexual assault is committed by a minor under fourteen years of age.