Break out your tiniest violins, because Harvey Weinstein is having a bad week. The Weinstein Company is reportedly filing for bankruptcy, and another celebrity is disavowing the fallen producer. Jennifer Lawrence called him a “horrible ass boil that will not go away” in a boozy interview, adding herself to the long list of people who want nothing to do with him. Weinstein is currently the defendant in 11 sexual harassment lawsuits in New York, Los Angeles, Toronto, and London, and the New York Attorney General is suing him for allegedly violating the state’s anti-discrimination laws. And now, even Weinstein’s insurer has filed suit against him.
Chubb Indemnity Insurance Co. filed suit in New York Supreme Court on Wednesday, seeking a judicial declaration that the company is not obligated to pay Weinstein’s legal fees, and they make a convincing argument. Weinstein has taken out 16 policies with the insurer since 1994, and some of these are liability policies covering damages for “personal injury or property damage.” Weinstein’s attorneys have repeatedly requested legal defense funds from Chubb for the alleged “personal injuries” of Weinstein’s victims.
These requests for payment are unlikely to hold up in court, however, because all of the policies exclude “intentional acts.” Chubb argues the specification that the damages must be from “an accident or offense” absolves them from responsibility for Weinstein’s alleged intentional acts:
“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. Chubb advised Mr. Weinstein that such egregious, intentional acts by Mr. Weinstein do not constitute an ‘accident’ or an ‘offense.’ […]
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. 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.”
You can read the full document here, but it all pretty much boils down to, “We didn’t sell you ‘commit some crimes’ insurance, dude.” Not their exact words, but it’s implied.