 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Sanchez v. Davoudi8/15/2001
rily, National Mutual argues that the complaint alleges intentional conduct which is excluded by a number of provisions within the insurance policy. National Mutual maintains that the policy expressly excludes coverage for bodily injury to an employee of a covered person and for damages arising out of sexual molestation, physical or mental abuse. Also, the insurance provider contends that the allegations, all of which occurred in the workplace, fall within the exclusion for liability incurred in the business pursuits of a covered person. Additionally, they argue that neither Ohio law nor the terms of the policy allow coverage for punitive damages. If National Mutual prevails on any one of these arguments, then there is no coverage.
To determine whether the claim against Appellants falls within the scope of their insurance policy with National Mutual, we must direct our attention to the terms within the policy itself. In pertinent part, the policy reads as follows:
PART 3 - LIABILITY COVERAGE
We will pay an amount up to your limit of Coverage for which a Covered Person becomes legally liable as a result of bodily injury or property damage that is caused by an accident.
We will not cover bodily injury or property damage that is expected or intended by a Covered Person. We have no duty to defend any claim or suit or settle any claim for bodily injury or property damage not covered under this policy.
We do not cover liability:
1. arising out of the business pursuits of a Covered Person or the rental or holding for rental of any part of the premises by any Covered Person * * *
18. for bodily injury to any employee, other than a residence employee, arising out of and in the course of employment by a Covered Person * * *
25. arising out of any sexual molestation, corporal punishment, or physical or mental abuse * * *
PERSONAL CATASTROPHE LIABILITY SUPPLEMENT COVERAGE
We will pay for Net Loss in excess of the Minimum Limits of the Primary Insurance for which a Covered Person becomes liable as a result of bodily injury , personal injury or property damage that is caused by an accident * * *
We will not cover bodily injury , personal injury or property damage that is expected or intended by a Covered Person * * * Exclusions
We do not cover liability:
1. Arising out of the business pursuits of a Covered Person or property from which business is conducted * * *
18. Any liability arising out of sexual molestation or physical or mental abuse.
In construing the terms of an insurance contract, where the terms are clear and unambiguous, they "must be applied to the facts without engaging in any construction." Where the policy's terms have a plain and ordinary meaning, it is not necessary or permissible for a court to ascribe a different meaning. Generally, insurance policies are interpreted by applying the rules of contract law. If the policy's language is ambiguous, uncertain, or doubtful, the language will be construed strictly against the insurer and liberally in favor of the insured. However, the rule of liberal construction cannot be used to create an ambiguity where one does not exist. If the terms are clear and unambiguous, the contract's interpretation is a matter of law.
Applying the allegations within the complaint to the four corners of the insurance contract, we conclude that National Mutual owes no duty to defend Appellants in this case. As mentioned, the complaint alleges intentional conduct. Yet, a plain reading of the policy reveals coverage only for accidents. The cause of action arose at Ap
Page 1 2 3 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|