I'm not sure how to analyze and apply legal topics to a hypothetical question. For example, ABC Company provides therapy services to patients mainly through third party therapists supervised by a psychiatrist.They hired an independent contractor/therapist named Joe.Joe has been accused by Sally of harassing and molesting her during therapy, although it appears they had consensual sexual interactions.Sally also sued ABC company for hiring Joe and retaining him as a therapist given that he was fired from his last job as a therapist for having a relationship with a patient (which could be learned from a google search on an unemployment compensation appeal).ABC did all normal background checks (FBI, Child Abuse etc) and Joe passed.ABC company seeks coverage from its EPLI insurance provider, USAC.USAC denies coverage because there are exclusions for "patient molestation."It does provide coverage for "Workplace Torts" but states that this provision does not apply because it does not involve a claim asserted by an employee (but instead involves a patient).Specifically, the coverage provides for claims of Workplace Torts "committed by ABC or by an Individual Insured acting solely within his/her capacity as such involving and brought by any Employee, former Employee or applicant for employment with the ABC; or asserted by any Employee, former Employee or applicant for employment with ABC against an Individual Insured because of his/her status as such."The policy also excludes Third Party Discrimination claims.