Sexual Assault Deemed Accident Under Insurance Policy

A woman brought suit alleging that she had been sexually assaulted in a spa. One of her claims was for negligent hiring by the spa of the masseur. The spa’s insurance carrier refused to defend against that claim because the policy covered only accidents and other unintended injuries. The Court of Appeals decided that the incident must be viewed from the standpoint of the spa and from that standpoint, the assault was unexpected and deemed an accident under the policy requiring the insurance company to defend and indemnify.