American Alternative Ins. Co. v. Metro Paramedic Services, Inc.

Dist. Ct. did not err in entering judgment in favor of defendant in plaintiff-insurance company’s action seeking declaration that it did not cover defendant in underlying action filed by individuals who were employees of both defendant and separate company, where record showed said employees brought sexual harassment claim against both defendant and separate company, and where plaintiff had issued relevant policy to separate company. Employees alleged in underlying lawsuit that defendant and separate company were in joint venture, and language in plaintiff’s policy provided coverage for either partnership or joint venture involving separate company. Moreover, policy provided coverage for damages arising out of employment practices that included sexual harassment. Ct. rejected plaintiff’s claim that allegations in underlying lawsuit concerned sexual assaults that were outside coverage provided by policy. Fact that contract between defendant and separate company indicated that they were not in joint partnership did not require different result.