The company that insured Donald Raymond Persson's former Bountiful home argues that it's not liable for damages a 10-year-old girl allegedly suffered in Persson's home.

State Farm Fire & Casualty Co. has asked 2nd District Court for a declaratory judgment that it doesn't have to pay damages for Persson's alleged sexual crimes against the child. Her family sued in August, and Persson filed a claim with State Farm.Persson, 54, faces criminal charges for allegedly raping and taking nude photographs of the girl, a daughter of family friends who stayed with him last June.

He was arrested on the charges last summer but fled. Persson was arrested again in Oklahoma 10 days ago and was returned to Utah Thursday after waiving extradition. Bountiful Police Detective Randy Pickett flew to Tulsa Wednesday, but the former Davis County school psychologist had not been booked into the Davis County Jail by mid-afternoon Thursday.

The Long Beach, Calif., family of the alleged victim filed suit last August against Persson, claiming he committed assault and battery on the girl, invaded her privacy and inflicted severe emotional distress.

In its claim for declaratory judgment last week, Illinois-based State Farm claimed the insurance policy covers only accidental injuries.

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The alleged molestation of the girl caused injuries that were not accidental, the claim said. The homeowner policies "do not provide coverage for injury which is the result of willful and malicious acts of defendant Persson," the claim said.

In September, Persson, who was free on $150,000 bail when he fled, sold his home and disappeared, triggering a nationwide manhunt for him by the FBI.

State Farm attorney Lowell V. Smith said State Farm has no duty to defend Persson. Last year, he handled seven or eight similar claims by accused child molesters who wanted their insurance companies to pay any damages.

In those cases, Smith said, the alleged molesters claimed the insurance company should pay damages to the victims because they did not believe their actions would actually hurt the children.

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