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Insurers are increasingly being called upon to defend and indemnify their insureds for actions arising out of assaults, sexual abuse, harassment, and the like. When these allegations are asserted solely against the insured’s employees and no conduct (intentional or negligent) is asserted against the insured employer, the question arises as to whether the intentional acts exclusion can be invoked to disclaim coverage to the insured. In such cases, the insured employer’s liability is sought to be imposed on a vicarious liability respondeat superior basis.

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