An insurance company owed no duty to defend the Montville SchoolDistrict in a suit by an alleged victim of molestation committed bya former teacher, a federal judge in Newark has ruled.

Abusive act exclusion

Zurich American Insurance Co.
was entitled to summary judgment because the acts thatformed the basis of the suit fell within the abusive act exclusionin the policy language, U.S. District Judge Kevin McNultyruled.

The judge rejected Montville's assertion that it is entitled tocoverage because the abuse alleged in the suit took placetwo years after the teacher left the school district.

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Charles Toutant

Charles Toutant is a litigation writer for the New Jersey Law Journal.