Fred Valz, III and Jena Emory won summary judgment as petitioners in a declaratory judgment action.  The declaratory judgment action was filed to determine the rights and obligations of an insurer for a sexual assault and attempted rape.  The order granting the motion found that that the alleged sexual assault did not meet the definition of an “occurrence” under the policy.  It further found that the intentional or criminal acts exclusion applied because the injuries to the victim would have been reasonably expected by the perpetrator.  An appeal was not filed.