8 results for 'cat:"Insurance" AND cat:"Assault"'.
J. James grants an insured's motion to stay proceedings pending the outcome of a state court's determination of insurance coverage concerning assault and infliction of bodily injury brought on by a third party. The insured sufficiently showed in court that her request for indemnity would be determined once the state court proceedings resolve coverage.
Court: USDC Kansas, Judge: James, Filed On: February 26, 2024, Case #: 2:22cv2417, NOS: Insurance - Contract, Categories: insurance, assault
J. Slaughter finds in favor of the insurance company for its complaint asserting that it has no duty to defend or indemnify the insured in an underlying lawsuit accusing him of sexually molesting his housekeeper while under the influence of drugs. The insured's alleged conduct is not covered by the insurance policy because California courts uniformly hold that sexual molestation is not "accidental" and thus is not coverable conduct. Even without that, the insured would not be covered because the insurance policy does not cover foreseeable harm, such as personal injury arising from a sexual assault, or actions committed under the use of drugs.
Court: USDC Central District of California, Judge: Slaughter, Filed On: December 20, 2023, Case #: 8:23cv301, NOS: Insurance - Contract, Categories: insurance, assault, Contract
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J. Khalsa denies summary judgment to a driver who was beat up by another motorist after his car was intentionally hit by that motorist. The driver is seeking uninsured motorist coverage for the serious injuries he suffered. Genuine factual disputes exist as to whether the injuries arose from the operation, maintenance or use of the attacking driver’s vehicle.
Court: USDC New Mexico, Judge: Khalsa, Filed On: July 12, 2023, Case #: 1:22cv370, NOS: Insurance - Contract, Categories: insurance, Tort, assault