Federal Judge: Gender Discrimination Claims Against Insured Are Not 'Accidental'

Mealey's (September 11, 2020, 1:35 PM EDT) -- WHITE PLAINS, N.Y. — A federal judge in New York on Sept. 9 granted insurers' motion to dismiss their insured's declaratory judgment lawsuit seeking coverage for underlying gender discrimination and intentional infliction of emotional distress claims, finding that neither claim can be deemed "accidental" and, therefore, cannot arise from an "occurrence" to trigger coverage under the policies (Waiting Room Solutions v. Excelsior Insurance Company, et al., No. 19-7978, S.D. N.Y., 2020 U.S. Dist. LEXIS 164513)....