1st Circ. Nixes Clothier's Win In Insurance Coverage Row

Law360, New York (December 14, 2012, 9:22 PM EST) -- The First Circuit said Friday that there wasn't enough evidence to support a lower court's finding that Evanston Insurance Co. should have defended clothier Jasmine Co. Inc. in a sexual harassment suit against a former company executive.

A three-judge panel said it is impossible to determine from the submitted evidence whether one-time Jasmine President Luciano Manganella's alleged sexual harassment of a female employee occurred before or after Evanston's insurance policy took effect in April 1999.

The district court had granted Jasmine's motion for summary judgment, saying...
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