· 4/16/1993
Coit Drapery Cleaners, Inc. v. Sequoia Insurance
Citations
- 14 Cal. App. 4th 1595
- 18 Cal. Rptr. 2d 692
- 8 I.E.R. Cas. (BNA) 840
- 93 Daily Journal DAR 4817
- 1993 Cal. App. LEXIS 443
- 62 Empl. Prac. Dec. (CCH) 42,455
- 70 Fair Empl. Prac. Cas. (BNA) 1059
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “claims for mere negligence” are 19 barred by the workers’ compensation laws, and under such laws an employee of Coit 20 “may not sue for its allegedly negligent or improper supervision”
- rejecting any duty to defend or indemnify for noncriminal sexual harassment based on section 533, regardless of any potential negligence claim which could have been asserted on the underlying facts
- finding no duty to defend where the 19 conduct of defendants was inseparably intentional as “part of a consistent course of sexual 20 harassment of an unconsenting victim”
- claim against employer for negligent supervision in connection with alleged sexual harassment and wrongful termination of employee is barred by workers’ compensation exclusivity principle
- claim against employer for negligent supervision in connection with alleged sexual 17 harassment and wrongful termination of employee is barred by workers’ compensation exclusivity 18 principle
- in case with “no unresolved factual issues as to the intentionality of [defendant’s] harassing conduct,” where certain allegedly negligent conduct can be considered “inseparable” from the intentional sexual molestation or harassment, there is no duty to defend
Source: CourtListener parenthetical corpus (CC0).
Judges: Peterson
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