Defendant argues that the Defense Coverage for Alleged Perpetrators obligates Plaintiff to defend an employee accused of a sexual act so long as he denies his involvement. Where an affidavit is used to support or oppose the motion, it "must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant.
See all newsletters. The Policy does not define "a person otherwise covered herein," and there is no indication whether that phrase is meant to: 1 refer to sorts of persons who can be "covered persons" — "you[,]. The Defense Coverage for Alleged Perpetrators states that "[t]he commission of a sexual act will not be considered to have occurred within the scope of anyone's delegated authority, but if a person otherwise covered herein denies involvement in the sexual act, then [Plaintiff] will provide the alleged perpetrator with.
And if the same alleged perpetrator engaged in additional instances of that or another enumerated sexual act, even against a different person, those additional instances, combined with the initial instance, constitute one sexual act.
In a letter dated March 9,Defendant's counsel requested that Plaintiff provide Defendant with a defense and indemnification in the Underlying Actions and advised Plaintiff that its reason for denying coverage was incorrect. Policy at BMG62 "We pay all sums which an insured becomes legally obligated to pay.
Second, Village of Piermont is distinguishable. And because the insurer is obligated to defend the case in full if it is obligated to defend any claim in the Underlying Complaints, Plaintiff is not entitled to summary judgment regarding its duty to defend.
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But if Defendant heard all of the statements and the six Underlying Plaintiffs were among the twelve deponents — and he has not shown that this is not the case — then Defendant would have admitted to essentially the same conduct set forth in the Underlying Complaints.
United Indus. Architects, P. The relevant factors include:.