Personal Injury Claim under CGL Form
Our insured has been named in a complaint alleging that they “personally or through their employees encouraged and actively participated in the intentional ejecting, harassment, and threatening of the plaintiffs”. Additionally, the complaint seeks judgment against the insured to compensate for losses suffered and injuries inflicted as a result of the insured's wrongful conduct; the injuries claimed are battery, emotional distress, humiliation, and embarrassment.
The insurer is refusing to provide a defense or indemnification on the basis that the complaint against the insured does not trigger coverage and that the conduct of the insured was intentional and criminal.
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