An insurance company owed no duty to defend the Montville School District in a suit by an alleged victim of molestation committed by a former teacher, a federal judge in Newark has ruled.

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Abusive act exclusion


Zurich American Insurance Co. was entitled to summary judgment because the acts that formed the basis of the suit fell within the abusive act exclusion in the policy language, U.S. District Judge Kevin McNulty ruled.

The judge rejected Montville's assertion that it is entitled to coverage because the abuse alleged in the suit took place two years after the teacher left the school district.

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Charles Toutant

Charles Toutant is a litigation writer for the New Jersey Law Journal.