Richard Eitel, Jr., was an insured under a homeowners policy issued by American Family. The company denied liability and brought this action for declaratory judgment against Linda Chiczewski as next friend of an unnamed minor, and Joseph Chiczewski. The Chiczewskis had alleged that the insured entered their home at about 4 a.m. on July 13, 1992, and injured their daughter. (Eitel was criminally convicted for the incident.) The trial court entered summary judgment in favor of American Family, and the claimants appealed.

The parents alleged that, after consuming alcohol or ingesting illegal drugs, Eitel had entered their home and "carelessly and negligently flailed his arms, legs and other objects," causing great bodily harm to their child. They further alleged willful and wanton misconduct, intentional battery, negligent infliction of emotional distress and intentional infliction of emotional distress.

The company's denial of liability was based on the policy's exclusion of "physical abuse to a minor."

The evidence showed the child sustained multiple fractures, some brain damage requiring surgery, and injuries causing disfigurement.

Since the parents' complaint sought recovery from the insured because of his physical abuse of a minor, which was specifically excluded by the policy, the judgment entered in the trial court in favor of the company was affirmed.

American Family Mutual Insurance Company v. Linda Chiczewski, next friend of K.C., a Minor et al., Appellants (Richard Eitel, Jr., Defendant)--No. 2-97-1228--Appellate Court of Illinois, Second District--September 14, 1998--700 North Eastern Reporter 2d 777.