Liabilities of parents or legal guardians for malicious or wilful misconduct of minors

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12-661. Liabilities of parents or legal guardians for malicious or wilful misconduct of minors

A. Any act of malicious or wilful misconduct of a minor which results in any injury to the person or property of another, to include theft or shoplifting, shall be imputed to the parents or legal guardian having custody or control of the minor whether or not such parents or guardian could have anticipated the misconduct for all purposes of civil damages, and such parents or guardian having custody or control shall be jointly and severally liable with such minor for any actual damages resulting from such malicious or wilful misconduct.

B. The joint and several liability of one or both parents or legal guardian having custody or control of a minor under this section shall not exceed ten thousand dollars for each tort of the minor. The liability imposed by this section is in addition to any liability otherwise imposed by law.

C. Notwithstanding any law to the contrary, nothing in this section limits the right of an insurer to exclude coverage for the acts of a minor imputed to his parent or legal guardian pursuant to this section.


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