A physician was convicted for the sexual assault of a minor. He was then sued in federal court for civil damages. An insurer had issued medical malpractice policies to the physician. Under the policies, the insurer agreed to pay on behalf of the insured all sums that the insured became legally obligated to pay as damages because of bodily injury or personal injury resulting from rendering or failing to render, during the policy period, professional services by the insured. The policies contained an express exclusion barring liability of the insurer for any acts of the insured arising out of the performance of a criminal act.

Does sexual assault constitute rendering professional services within the coverage provisions of the physician's insurance policy? Should a malpractice insurer be required to indemnify a physician for liability resulting from the sexual assault of a minor