California, United States of America
The following excerpt is from Swain v. California Cas. Ins. Co., 120 Cal.Rptr.2d 808, 99 Cal.App.4th 1 (Cal. App. 2002):
to a complaint otherwise devoid of facts giving rise to a potential for covered liability. (See Michaelian v. State Comp. Ins. Fund (1996) 50 Cal.App.4th 1093, 1107, 58 Cal.Rptr.2d 133, quoting the trial court [pleading of negligence did not alter coverage analysis where gravamen of claim was sexual harassment; "`[t]he pleading of alternative
[99 Cal.App.4th 9]
legal theories of liability does not alter the nature of the conduct which forms the basis for the complaint.'"].)
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