United States First Circuit

In an insurer's suit against the insured's company, seeking a declaratory judgment that it did not have a duty to defend or indemnify for sexual harassment claims brought by a former employee against the insured, district court's grant of summary judgment in favor of the company is vacated and remanded where neither party is entitled to summary judgment because a finder of fact must conclude that the conduct underlying the sexual harassment charges did or did not begin before the company's insurance policy took effect.

Appellate Information

• Decided 12/14/2012
• Published 12/14/2012

Judges

• Stahl

Court

• United States First Circuit

Counsel