INSURANCE LAW – District Court grants insurer’s declaratory judgment with regard to claims arising out of sexual harassment:

5/4/2017 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

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Peter K. O'Keefe

INSURANCE LAW – District Court grants insurer’s declaratory judgment with regard to claims arising out of sexual harassment:

The court first addresses a false imprisonment claim.  The court agreed with the insurer that the false imprisonment claim was so related to the plaintiff’s allegations of sexual harassment that the insurer did not have a duty to defend said claims.  Where the plaintiff’s allegations against the tortfeasor all arose out of traumatic and extended physical and sexual abuse, and where no specifics were pleaded with regard to a false imprisonment claim, the court holds that no duty defend exists with regard to the false imprisonment claim.  The policy excluded coverage for bodily injury “arising out of actual, alleged or threatened sexual harassment or molestation, corporal punishment or physical or mental abuse.”  Next, the court addresses a personal injury endorsement on the policy that expressly provides coverage for “false arrest, detention or imprisonment, or malicious prosecution”.  Despite this language in the policy, the court holds that the gravamen of the claim for false imprisonment was a claim for sexual assault.  The court therefore holds that there is no coverage for the false imprisonment claim under the personal injury endorsement on the policy.  Farm Family Ins. Co. v. Santeri, 2017 WL 1013292 (D.Conn. Bolden, D.J.)

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