Insurance company refuses to cover Scranton dentist assault case – InsuranceNewsNet

An insurance company for Scranton dentist Albert Hazzouri argues it is not responsible for defending him against a civil lawsuit alleging he indecently assaulted a patient.

Lebanon Valley Insurance Co., of Wyalusing, says there is no coverage for a lawsuit filed by Jennifer Kuchwara, of Scranton, because the policy excludes claims of sexual abuse or misconduct.

Kuchwara filed suit in April against Hazzouri, his dental practice and Cedar Lackawanna Partners, owner of the building that houses the practice. The lawsuit alleges Hazzouri indecently assaulted her during a dental procedure.

The Times-Tribune does not normally identify victims of sexual assault, but Kuchwara asked to be identified.

In court documents, Gordon Einhorn, a lawyer from the Lebanon Valley, said Hazzouri disputes the company’s position. He recently filed a lawsuit asking a judge to determine whether he is obligated to defend Hazzouri under a policy issued to Cedar Lackawanna Partners. The motion indicates that Hazzouri is a partner in the business.

In a related case, Hazzouri recently filed a motion to dismiss several counts in the Kuchwara trial and to strike out “outrageous” language from the complaint.

Kuchwara’s lawsuit, filed by attorneys Michael Osson and Jason Mattioli, alleged in part that Hazzouri was being investigated for assaulting multiple patients, but the Lackawanna County District Attorney’s Office declined to prosecute him for the infractions.

“The above allegations are wholly irrelevant and irrelevant to Plaintiff’s cause of action,” Hazzouri’s attorneys, Michael Perry and Kelly Hadley, say in the motion to dismiss. “They are only intended to harass, embarrass and humiliate the defendants.”

Perry and Hadley also argue that multiple counts, including negligence claims filed against the dental firm and Cedar Lackawanna Partners, should be dismissed because only Hazzouri, as an individual, is charged with conduct that violated standards. dental advice.

Mattioli and Osson will have the opportunity to respond to the motion. A judge will rule later.

Contact the author: [email protected]; 570-348-9137; @tmbeseckerTT on Twitter.

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