In Mountain States Mutual Casualty Co. v. Hauser, No. 08CA1968 (Colo. Ct. App. July 23, 2009), the court held that a claim of negligent hiring and supervision stemming from the sexual assault by a manager of the insured’s former employee did not constitute an occurrence under an CGL policy because an intentional act of sexual assault does not constitute an accident or occurrence. 2009 WL 2182600, at *4. The court further concluded that the separation-of- insureds clause in the policy, which required that the claim be viewed from the insured’s point of view, did not alter the result. The court noted that the former employee had alleged that the insured’s manager had a history of assaulting the female employees, so that it was foreseeable and not unexpected to the insured that its manager would engage in such conduct. 2009 WL 2812600, at *5.
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Blog Topics
Allocation of Loss
- Arbitration, Forum Selection, and Service of Suit
- Bad Faith
- Bad Faith Liability
CGL
- A Claim for Negligent Hiring and Supervision is not a Covered Occurrence
- Allocation of Defense Costs for CERCLA Liability
- Assigning an Interpretive Mulligan to an Asbestosis Exclusion
- CGL Policy Provides No Duty to Defend Against Qui Tam Suit
- Equitable Estoppel and Reservation Of Rights
- Excavating the Contractors' and Subcontractors' Exclusion
- Excess Policy Does Not Follow the Form of an Endorsement in the Primary Policy
- Favorable Ruling from Mississippi Supreme Court for Contractors who Use Subs
- General Contractor Owed a Defense as an Additional Insured
- Hawaii Five-O: Ninth Circuit Certifies to the Hawaii Supreme Court the Issue of the Scope of the Total Pollution Exclusion
- Latent Ambiguity Inheres in the Phrase "Written Notice of a Claim"
- Liability for Defective Nutritional Supplements Excluded by Contractual Liability Exclusion
- Liability Insurer Owes No Defense to an Insured Under Personal and Advertising Injury Liability Coverage Where the Underlying Suit Alleges Intentional Conduct
- Massachusetts Adopts The Time-On-The-Risk Method Of Loss Allocation
- Moral Hazard and the "Your Work" Exclusion
- New Math — 469,000 Defective Product Claims Constitutes One Occurrence Under a CGL Policy
- Pesticides Aren’t Always “Pollutants”
- Prior Publication Exclusion
- Rummy’s Rules - The Duty To Defend And Abu Ghraib
- Taxonomy - Tort Or Contract
- The Seventh Circuit is Once Bitten, Not Shy
- The Sweet Smell of Success — CGL Policy Affords Contractor a Defense
- Third Circuit Holds that Drunkenness Does Not Render an Intentional Act Accident
- Waiver and the Forum Selection Clause
- “Here Comes That Sinking Feeling” - CGL Insurer Must Defend its Insured Against a Claim for Defective Foundational Repairs
- D&O Insurance
- Duty to Defend
- E&O Insurance
- EPLI
- ERISA
- Excess Insurance
- General Posts
- Insurance Industry
- Insurance Regulation
- Named Insured/Additional Insured
- Notice of Loss
- Policy Interpretation
- Pollution Exclusion
- Property Insurance
- Reinsurance
- Reservation of Rights
- Self Insured Retention
- Terrorism Risk Assurance
- Title Insurance
