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...ied the claim on the basis of an Assault and Battery exclusion. The agent gav...a National Insurance Co. E&O Bulletin and is reproduced by permission.

... as to the intent of this exclusion, preferably in writing, from the issuing insurer. Sexual Harassment The ISO sexual harassment exclusion reads as follows: Liability of that insured who commits a sexual harassment' offense. This exclusion does not affect our duty to defend that insured prior to determining, through the appropriate legal processes, that that insured has committed a sexual harassment' offense, other than an assault or battery. This exclusion specifically precludes coverage for liability of that insured committing sexual harassment and does not appear intended to exclude any liability that the organization may have because of sexual harassment. The exclusion presumably also applies to instances in which sexual harassment exists simply out of ignorance by the insured committing the sexual harassment offense. The exclusion goes on to state that the insured has a duty to defend ... insured prior to determining, through the appropriate legal processes, that the insured has committed a sexual harassment offense other than assault and battery. Employment Termination or Relocation Due to Business Decisions The ISO employment termination exclusion reads as follows: Injury' arising out of termination of employment, job relocation, or reassignment, if the action is taken for one of these reasons: You have filed for bankruptcy protection, or you are placed in receivership or liquidation.  You have merged with or been acquired by another business entity.  You have closed an operation or a business location.  Your business location is partly closed or the size of an operation must be reduced because of fire or other disasters beyond your control. Keep in mind that not all EPL insurance policies exclude ...

...arassment' offense, other than an assault or battery. This exclusion specific... coverage as interpreted by the author and is not a legal analysis or recommen...