Harvey Weinstein’s Insurer Refuses to Pay for Legal Defense

Harvey Weinstein’s insurance company is refusing to defend him against 11 sexual harassment lawsuits, saying that his alleged misconduct is not covered under his personal liability policies.

Chubb Indemnity Insurance Co. filed suit Wednesday in New York Supreme Court, seeking a declaration that it is not obliged to fund the disgraced producer’s legal defense.

According to the suit, Weinstein’s attorneys have asked Chubb on several occasions to commit to fund his legal defense. Weinstein has taken out 16 separate policies with the insurer since 1994, including coverage for fine art and homeowners policies. Some of the policies cover damages Weinstein is obligated to pay “for personal injury or property damage.” The damages must arise from “an accident or offense” to be covered.

By Chubb’s reading of the policy, Weinstein’s alleged pattern of sexual assault and harassment does not qualify.

“The Underlying Lawsuits allege that the claimed damages arose out of Mr. Weinstein’s ongoing and pervasive, and allegedly criminal, acts of premeditated, forcible, nonconsensual sexual and physical assault, physical threats and abuse in the context of Weinstein’s invitation to his victims to discuss potential acting or producing roles in the film industry,” the insurer states in its complaint. “Chubb advised Mr. Weinstein that such egregious, intentional acts by Mr. Weinstein do not constitute an ‘accident’ or an ‘offense.'”

According to the suit, the insurance policies also explicitly exclude coverage for “intentional acts.”

“The damages alleged in the Underlying Lawsuits arose out of pre-meditated, forcible sexual assault, pervasive and egregious sexual harassment, physical assault and battery and other intentional and deliberate conduct by Mr. Weinstein,” Chubb alleges. “Mr. Weinstein’s acts were such that the consequences could and should have been foreseen by a reasonable person. Accordingly, Chubb declined coverage under the policies because the exclusion for ‘Intentional acts’ applies to bar coverage.”

Weinstein is facing lawsuits in New York, Los Angeles, Toronto and London. Among them is a suit from New York Attorney General Eric Schneiderman, alleging violations of New York’s anti-discrimination laws.

Weinstein’s representatives did not immediately comment on the suit.

Chubb Weinstein by gmaddaus on Scribd

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