Panel: No Coverage Owed For Suit Alleging Misconduct By Day Care Owner’s Minor Son

Mealey's (January 17, 2023, 4:02 PM EST) -- ST. PAUL. Minn. — A Minnesota appeals panel held that a lower court properly concluded that negligence, vicarious liability and negligent supervision of a minor claims against a day care owner insured are not covered because the insurance policy’s sexual misconduct provision does not require the subjective intent to act sexually and because the injuries alleged in the negligence and negligent supervision claims were directly caused by and arose out of the insured’s minor son’s purported sexual misconduct....