Truck Insurance Exchange v. Gagnon

OPINION

ROBINSON, Judge.

{1} The issue in this case is whether Tomato Café’s (café) general comprehensive liability insurance policy covers a claim for sexual harassment of an employee. The trial court ruled that it does and granted summary judgment in favor of Defendants. We hold that the policy excluded coverage for injuries to employees, and reverse.

I. BACKGROUND AND PROCEDURAL POSTURE

{2} David Smith (Smith), formerly a waiter at Tomato Café, filed suit in federal court against the café, its owners, and the manager of the café, claiming sexual harassment and a hostile work environment. Smith…