Heaven Massage and Wellness Center v. Continental Casualty
Jaime Weinberg (Weinberg) sued appellant Heaven Massage and Wellness Center (HMWC), alleging that she was sexually assaulted by an HMWC employee during a massage. HMWC tendered Weinberg’s claim to its comprehensive general liability insurer, respondent Continental Casualty Company (Continental), which asserted there was no coverage for Weinberg’s claim under the policy’s “professional services†exclusion. HMWC then cross-claimed against Continental for breach of insurance contract and breach of the implied covenant of good faith and fair dealing. The trial court granted summary judgment for Continental, concluding that there was no coverage and no duty to defend as a matter of law. We reverse.
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