TW: sexual assault

The Third Circuit has granted an insurer's appeal that the company does not have to indemnify a school bus company and school district after finding that a sexual assault that occurred on a school bus was not the result of the bus's use as a vehicle. The case is National Liability & Fire Ins. Co. v. Brimar Transit, Inc., 2023 U.S. App. LEXIS 25158 (3rd Cir. 2023). Please note that this case is unpublished and therefore has limited precedential value. 

Brimar Transit provided transportation services for the Pittsburgh Public School District (the District). Brimar and the District collaborated to create a specific plan to keep K.M., a female student with special needs, physically distant from a male student, also with special needs, who had sexually assaulted K.M. multiple times. K.M.'s regular bus driver enforced this plan, as did the first substitute driver who filled in while the regular driver was on leave.