California Court of Appeal

Plaintiff is a massage therapist accused in an underlying action of sexually assaulting a client during a massage. In the present action against defendant insurance company, plaintiff alleges that defendant had a duty to defend and indemnify him in the underlying sexual assault action. The trial court's decision to sustain demurrer to all causes of action is affirmed, where: 1) intentional sexual assault cannot be properly characterized as within the scope of plaintiff's employment or having occurred while performing duties related to the conduct of the business; 2) plaintiff was not insured under the policy; and 3) defendant had no duty of defense or indemnity.

Appellate Information

• Decided 10/06/2014
• Published 10/06/2014

Judges

• Edmon

Court

• California Court of Appeal

Counsel