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PREMISES LIABILITY: Superior Court holds premises operator may not apportion liability for negligence where third party accused of committing sexual assault

The plaintiff brought suit against the defendant condominium management company, her assailant and others after she was sexually assaulted in her apartment.  The claims directed to the corporate defendants sounded in negligence and the claim against her assailant alleged intentional…

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INSURANCE COVERAGE: District Court grants insurer’s motion for summary judgment, finding insurer not required to indemnify tortfeasor

The plaintiff brought suit against the tortfeasor for assault and negligence, claiming that the tortfeasor inappropriately touched her during a pre-arranged massage therapy appointment.  That suit resulted in an award for the plaintiff in the amount of $195,000 through a…

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PERSONAL INJURY: Superior court denies plaintiff’s motion to strike apportionment complaint where, although apportionment defendant’s actions were intentional, apportionment plaintiff had adequately alleged negligent conduct

The plaintiff brought a negligence suit against a behavioral health treatment facility for children alleging that an adult woman had sexually assaulted, abused, and neglected the plaintiff while he was admitted to the facility.  The facility filed an apportionment complaint…

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INSURANCE LAW: Superior Court holds insured’s commission of bullying and sexual assault were not “accidental” occurrences for purposes of insurance coverage

An insured was sued by a high school classmate for sexual assault and bullying causing severe and debilitating injury.  The defendant insured sought coverage under the plaintiff’s policy and the plaintiff filed suit, seeking a declaratory judgment that it owned…

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INSURANCE COVERAGE: District Court rejects attempt to transform occurrence-based policy into unrestricted claims made policy pursuant to language of endorsement

This declaratory judgment action involved alleged sexual abuse of a minor by a camp counselor during 1987.  The policy at issue was an occurrence-based CGL policy with an effective date of March 1, 2014.  In an endorsement, the insurer stated…

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ACCIDENT LAW: Appellate Court holds that neither common law indemnity nor contractual indemnity applied to negligent investigation

The Appellate Court affirms judgment for a third party defendant.  The claim arose out of sexual harassment of the third party defendant’s employee by a security company employee.  Suit was brought by the female employee against the security company and…

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