The applicant school board brought an application for a declaration that the respondent insurer was required to provide insurance coverage and defend a civil claim arising from sexual assault allegations against a former teacher.
The insurer denied coverage, arguing that the claims-made policy required a formal claim to be made during the policy period and that notice was insufficient and untimely.
The court found that the policy only required the insured to become aware of circumstances reasonably expected to give rise to a claim, which the applicant had communicated within the policy period.
The court also held that notice was timely, relief from forfeiture was available if needed, the claims were covered under the sexual assault provisions, and the insurer had a duty to defend.
