This is a companion appeal to Unifund Assurance Company v. D.E. and L.E. The appellant insurance company appealed a declaration that it had a duty to defend and indemnify the respondent parents and their minor daughter in an underlying action relating to alleged bullying and harassment.
Applying the reasons from the companion appeal, the Court of Appeal found the application judge erred in interpreting the exclusion clause.
The court also held that the minor daughter was excluded from coverage as the underlying claim was strictly for intentional torts of assault and battery.
The appeal was allowed, and the court declared the insurer had no duty to defend or indemnify.
