Magistrate: Patient’s Sexual Assault Suit Triggered General Liability Coverage

Mealey's (May 8, 2020, 12:13 PM EDT) -- MIAMI — A federal magistrate judge in Florida on May 4 found that an underlying negligence lawsuit brought by a mental health patient who alleged that she was sexually assaulted by a hospital employee triggered general liability coverage, rejecting the insurer’s contention that the professional services, bodily injury and occurrence exclusions bar coverage and recommending granting in part and denying in part the insurer’s motion for summary judgment (Westchester General Hospital Inc. v. Evanston Insurance Company, No. 19-22831, S.D. Fla., 2020 U.S. Dist. LEXIS 79048)....