# L.M. v. J.P.M.

> Louisiana Court of Appeal · May 13, 1998 · 97 La.App. 5 Cir. 1215

URL: https://www.frixlaw.com/law-library/cases/7715455

## Case

- **Full name:** L.M., Individually and on Behalf of the minor children G.W., J.W., L.J.W., and J.W. v. J.P.M. and State Farm Insurance Company
- **Court:** Louisiana Court of Appeal
- **Decided:** May 13, 1998
- **Citations:** 97 La.App. 5 Cir. 1215; 714 So. 2d 809; 1998 La. App. LEXIS 1153
- **Precedential status:** Published
- **Opinion:** Concurrence by Igothard
- **Judges:** Dufresne, Gothard, Igothard, Iwicker, Wicker
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7715455

## Opinion text

| iGOTHARD, Judge,
concurring with reasons.
It is with a heavy heart that I concur with the majority opinion. By affirming the granting of summary judgment in favor of State Farm, we are limiting the plaintiffs’ recovery to an action against J.P.M. personally, but I agree that the act of child sexual abuse is so egregious as to automatically toll the “inferred intent” rule. By inferring intent in such cases, we have provided plaintiffs with a sword; an unfortunate and inescapable result, however, is that the rule is then used as a shield by the insurer to preclude coverage under the intentional injury exclusion of its homeowner’s policy.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7715455. Public record. Not legal advice.