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Fieldcrest Cannon Inc. v. Fireman''s Fund Insurance Co.11/5/1996
his claim fails to fall within the Broad Form Comprehensive General Liability Endorsement portion of defendant Fireman's Fund's policies.
2.
The Price EEOC Complaint
As to the Price EEOC complaint, alleging sexual discrimination, retaliatory discharge, plaintiff contends that the fact that Cannon had falsely accused Ms. Price of manipulating the job posting system was sufficient to bring the Price complaint within the policies coverage for a "personal injury " since it was an "injury arising out of . . . utterance . . . of . . . defamatory or disparaging material."
The Price EEOC complaint fails, however, to show that any of the false statements were made to anyone other than herself. As an essential element of defamation is the publishing of the falsity to another is not found herein, the Broad Form Comprehensive General Liability Endorsement portion of defendant Fireman's Fund's policies also fails to provide coverage for the Price EEOC complaint.
3.
The Price Suit
For the reasons listed in subsection 2 above, we find similarly as to the Price lawsuit. While plaintiff contends that Patricia Price's allegations of sexual discrimination, retaliatory discharge, intimidation, harassment and defamation (i.e., accusation that Ms. Price manipulated the job posting system), contained allegations which would bring the suit within defendant Fireman's Fund's coverage of "personal injury ," we do not agree. Nor do we find the allegations of intimidation and harassment to charge "violation of an individual's right of privacy." Accordingly, the Broad Form Comprehensive General Liability Endorsement portion of defendant Fireman's Fund's policies do not provide coverage for the Price lawsuit.
4.
The Overcash /Class Action
As to the Overcash /class action lawsuit, the only hint of personal injury within the definition found in the Broad Form Comprehensive Liability Endorsement portion of defendant Fireman's Fund's policies is the allegations of Ms. Price that she had been harassed and falsely accused of "(i) lying and (ii) causing problems." However, again, we find no evidence of the necessary publishing of this information to a third person by the person who made these false accusations; and therefore, there is no prima facie case for defamation present herein. As such, there is an absence of "personal injury" as defined by the Broad Form Comprehensive General Liability Endorsement part of defendant Fireman's Fund's policies in the Overcash /class action lawsuit.
5. The Wilson Suit and the EEOC Sex Class Investigation
Plaintiff concedes that the other two underlying claims fail to allege any claims other than discrimination (which we have already determined is not covered in the policies) that are covered under defendant Fireman's Fund's policies. Accordingly, there is no coverage for these underlying actions under the Broad Form Comprehensive General Liability Endorsement portion of defendant Fireman's Fund's policies.
Since the defendant Fireman's Fund's "Broad Form Comprehensive General Liability Endorsement G222" coverage's definition explicitly fails to include discrimination as a "personal injury ," and none of the underlying actions state a claim within the definition for "personal injury" found in that particular section, we find no claim for personal injury in any of the underlying actions to exist for coverage within that section of defendant Fireman's Fund's policies.
C.
Coverage for "Bodily Injury " Under "Broad Form Comprehensive General Liability Endorsement G222"
Next, we must inquire whether the
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