Professional Liability

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In 2015, Continental Casualty Company issued a commercial general liability policy to Zongwei Shen dba Nobles Massage Spa. The policy covered Shen (the spa owner) and Zhong Xin (the spa manager and Shen’s wife) for damages because of bodily injury that occurred during the policy period. The policy contained an abuse or molestation exclusion that excluded coverage for bodily injury “arising out of” (a) the “actual or threatened abuse or molestation by anyone of any person while in the care, custody or control of any insured,” or (b) the negligent employment, supervision, or retention “of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by (a).”Continue Reading The California Court of Appeal Interprets the Meaning of “Care, Custody, or Control” in the Context of an Abuse or Molestation Exclusion

Admiral Insurance Company v. Superior Court of San Diego County, 18 Cal.App.5th 383 (2017); Fourth Appellate District Court of Appeal, Division One, Case No. D072267 (December 12, 2017).

In Admiral Insurance Company v. Superior Court of San Diego County, the California Court of Appeal held that a professional liability policy did not provide coverage for a lawsuit where, prior to the inception of the policy, the insured knew, or could have reasonably foreseen, that a claim would be made.
Continue Reading Professional Liability Policy Did Not Provide Coverage for Lawsuit that the Insured Knew or Should Have Known About