Old Republic Ins. Co. v. Comprehensive Health Care Ass'n, Inc

In Old Republic Ins. Co. v. Comprehensive Health Care Ass'n, Inc., 786 F. Supp. 629 (N.D. Tex. 1992), the district court had to decide whether the insurer had a duty to defend an employer against various claims, including negligent hiring, arising from supervisors' sexual harassment and discrimination. Though the district court acknowledged that certain policy provisions excluded coverage for the claims, it analyzed whether the claims fell within the policy's coverage for "occurrences." Id. at 631 & n.1. The court concluded that the alleged conduct against the employer was not an "occurrence" under the policy, because "each and every allegation arose out of the alleged acts of sexual harassment" and therefore were "related and interdependent." Id. at 632. The Fifth Circuit affirmed the district court's decision on the ground that specific policy provisions excluded the claims alleged. Old Republic, 2 F.3d at 107.