Kentucky High Court:  Court ‘Overlooked Critical Step’ In CGL Coverage Dispute

Mealey's (August 23, 2022, 11:38 AM EDT) -- FRANKFORT, Ky. — The Kentucky Supreme Court held Aug. 18 that whether injuries incurred as the result of a sexual assault of a child under the care and supervision of a licensed day care qualifies as an “occurrence” under a commercial general liability insurance policy depends on the facts of the case and a lower court erred in moving directly to analyze the day care endorsement policy exclusions in granting the insurer’s motion for summary judgment, reversing in part....