Shanice is a cosmetologist who specializes in manicures and pedicures. Unbeknownst to her, her foot bath has a fungal growth in it even after standard cleaning and sanitation procedures. Several of her clients call to complain that their feet are itching and red. One client’s reaction was so severe that she went to the emergency room and ended up suing Shanice for the cost of her medical treatment. Will Shanice be able to use her liability insurance to cover the cost of the lawsuit? Why or why not?
yes, because the reaction was accidental and unintentional
no, because Shanice knew it was a problem and kept using that foot bath
yes, because liability insurance covers all lawsuits regardless of the cause
no, because the client was warned of the possibility of infection before the treatment