- 16 -
maintained the position that petitioner was not acting in the
course and scope of his employment during any portion of the
evening in question. The attorney who represented GBC and
related defendants in the civil suit testified at trial. The
attorney testified that the settlement by GBC and related
defendants should not be interpreted to suggest that petitioner
was acting in the scope of his employment during the evening in
question, but, rather, the settlement was the result of separate
and independent allegations of negligence against GBC and related
defendants that involved claims such as failure to properly
supervise or reprimand an employee and other similar allegations.
The settlement was not based on an acknowledgment by GBC that
petitioner was acting within the course and scope of his
employment.
Finally, in connection with his defense of the civil suit,
petitioner filed a claim for coverage under his homeowner's
insurance policy and personal liability umbrella policy
(homeowner's policy), which was provided by USAA. The
homeowner's policy contained the following specific exclusion
from coverage:
Coverage E - Personal Liability and Coverage F -
Medical Payments to Others do not apply to bodily
injury or property damage:
a. which is expected or intended by the insured;
b. (1) arising out of or in connection with a business
engaged in by an insured. This exclusion applies but
is not limited to an act or omission, regardless of its
nature or circumstance, involving a service or duty
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Last modified: May 25, 2011