MARK D. GREENMAN, Plaintiff-Appellant, v. MICHIGAN MUTUAL INSURANCE COMPANY, Defendant-Appellee, 173 Mich. App. 88

Summary

The insured demanded legal representation under his homeowner's insurance policy for a sexual harassment suit against him. The insurer refused to provide coverage or legal representation because the complainant did not allege a "bodily injury" or an "occurrence" as defined in the policy. The insurer also alleged that it had no duty to defend because the injuries suffered by the victim were expected or intended and arose out of the insured's business pursuit. The court found that the complainant's injuries did not indicate any physical manifestation of mental injuries, so there was no "bodily injury." The court indicated that the sexual harassment complaint alleged that the insured's conduct was willful, malicious, and intentional, so, absent an accident, there was no "occurrence." The court stated that the complainant's demotion and discharge were intentional acts, and the expected result was injury to the complainant. The court determined that the alleged injuries arose from a ...