Sexual Molestation by a Masseuse

February 20, 2017


The Insured is a Massage Center with a Commercial Package Policy, which includes Commercial General Liability Coverage of $1m per occurrence / $2m aggregate / $5K medical expense.
One of its employees is accused of molesting (masturbating) a twelve year old boy while giving him a massage.
The Insurer has denied coverage based on form 21 16 (07-98) Exclusion – Designated Professional Services.
We believe that the allegations trigger coverage because the alleged act was not part and cannot be included within the definition of the professional services this employee was hired to perform.
Does the client's CGL policy offer coverage for this claim?

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