· 11/3/2000
Smith v. Animal Urgent Care, Inc.
Citations
- 542 S.E.2d 827
- 208 W. Va. 664
- 2000 W. Va. LEXIS 125
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- because of an intentional acts exclusion, there was no coverage for employer under commercial general liability policy when employee alleged employer wrongfully engaged in sexual harassment
- bodily injury, sickness, or disease in general commercial liability policy does not include purely emotional harm
- claim based on sexual harassment does not come within definition of “occurrence,” defined as an “accident,” in insurance liability policy
- “purely mental or emotional harm that . . . lacks physical manifestation does not fall within a definition of ‘bodily injury’ which is limited to ‘bodily injury, sickness, or disease.’”
- “[T]he complaint is replete with allegations that [the insured] committed intentional acts.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Scott, McGraw
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.