The Louisiana Supreme Court finds an intentional tort in the employment setting and allows suit against the employer in tort.

The First Circuit holds that a sexual battery constitutes an “accident” for purposes of determining whether there was an “occurrence,” but nevertheless holds that it is subject to the “intentional act” exclusion, thus affirming the trial court’s dismissal of the insurer by summary judgment.

The First Circuit that as a matter of law, the OWC trial court erred when considering friendship in determining whether a manager who drove a subordinant home was in the course and scope of his employment at the time of his fatal accident, but still found after a de novo review of the record that the manager’s actions fell within the general rule that travel to and from work is not within ones course and scope of employment.