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Insurer Must Defend Hospital in Patient’s Sexual Assault Suit


Evanston Insurance Co. has a duty to defend a health-care facility in a patient’s suit to recover damages for her alleged sexual assault by an employee because none of the policy’s exclusions barred coverage for her claims, the Eleventh Circuit said.

The policy’s exclusion for injuries arising out of “the performance of services of a professional nature” didn’t apply, as Jane Doe wasn’t receiving professional services when she was allegedly sexually assaulted and raped while sleeping at a Miami-Dade mental health facility operated by Westchester General Hospital Inc., the US Court of Appeals for the Eleventh Circuit said.

Additionally, the …



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