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Woo v. Fireman's Fund Insurance Comp6/13/2005
s chapter, who (1) represents himself as being able to diagnose, treat, remove stains and concretions from teeth, operate or prescribe for any disease, pain, injury, deficiency, deformity, or physical condition of the human teeth, alveolar process, gums, or jaw, or (2) offers or undertakes by any means or methods to diagnose, treat, remove stains or concretions from teeth, operate or prescribe for any disease, pain, injury, deficiency, deformity, or physical condition of the same, or take impressions of the teeth or jaw, or (3) owns, maintains or operates an office for the practice of dentistry, or (4) engages in any of the practices included in the curricula of recognized and approved dental schools or colleges, or (5) professes to the public by any method to furnish, supply, construct, reproduce, or repair any prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth.
The practice of dentistry includes the performance of any dental or oral and maxillofacial surgery. 'Oral and maxillofacial surgery' means the specialty of dentistry that includes the diagnosis and surgical and adjunctive treatment of diseases, injuries, and defects of the hard and soft tissues of the oral and maxillofacial region.
RCW 18.32.020.
The employment practices liability portion of the policy provided coverage for 'damages as a result of sexual harassment, discrimination, or wrongful discharge that arise out of a wrongful employment practice.' Clerk's Papers at 154. The policy defined 'wrongful discharge' as 'the unfair or unjust termination of an employment relationship which: breaches an implied agreement to continue employment; or inflicts emotional distress upon the employee, defames the employee, invades the employee's privacy, or is the result of fraud,' and defined 'wrongful employment practice' as 'any negligent act, error, omission or breach of duty committed in the course of: relations with employees; interviewing, hiring or refusing to hire anyone who applies for employment; or decisions to hire, promote, discipline or fire employees.' Clerk's Papers at 166.
The general liability portion of the policy provided coverage for claims of 'bodily injury . . . caused by an occurrence' during the policy period and in the coverage territory, and 'personal injury caused by an offense arising out of your business{.}' Clerk's Papers at 74. The policy included the following definitions:
1. Accident means a fortuitous circumstance, event or happening that takes place and is neither expected nor intended from the standpoint of the insured.
4. Bodily injury means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time.
12. Occurrence means . . . {a}n accident, including continuous or repeated exposure to substantially the same general harmful conditions.
13. Offense means a fortuitous, inadvertent or mistaken business activity giving rise to advertising injury or personal injury neither expected nor intended from the standpoint of the insured.
17. Personal injury means injury, other than bodily injury, arising out of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The actual wrongful eviction from, actual wrongful entry into, or actual invasion of the right of private occupancy of a room, dwelling or premises that a person legally occupies;
d. Oral or written publication of material that slanders or libels a person or organization; or
e. Oral or written publication of material that violates a person's rig
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