Latest Developments in Sexual Misconduct Claims - Insurer Perspective

    By Catalina J Sugayan

    Latest Developments in Sexual Misconduct Claims - Insurer Perspective

    Latest Developments in Sexual Misconduct Claims - Insurer Perspective

    By Catalina J Sugayan

    Course / Program Material 2007 TIPS 15th Annual Insurance Coverage Litigation Committee Program - Tucson AZ Sexual misconduct claims are frequently brought against churches, social service providers in the business of residential and foster home placements, schools, camps and scouting organizations as a result of tortuous acts ...
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    Course / Program Material2007 TIPS 15th Annual Insurance Coverage Litigation Committee Program - Tucson AZSexual misconduct claims are frequently brought against churches, social service providers in the business of residential and foster home placements, schools, camps and scouting organizations as a result of tortuous acts by their employees and volunteers. Catalina's paper states that the common causes of action are negligent hire, retention or supervision, vicarious liability and failure to warn or report the abuse. The remedies include compensatory and punitive damages and, in the case of government agencies and school boards, can include attorneys' fees if there are civil rights allegations. Needless to say, these claims can be costly to defend and settlements and verdicts can be substantial.Catalina's paper examines how the application of the "discovery rule," which tolls the limitations period until the injured party discovered or should have discovered the elements of the cause of action, and state legislation greatly expands the limitations period. Catalina explains the impact of this trend on umbrella policies with respect to coverage. For example, policies written in recent years contain sexual misconduct exclusions and/or provide specific sexual misconduct coverage. For the most part, sexual misconduct exclusions have been found to preclude coverage to both perpetrators of abuse as well as to potentially liable third parties. Older policy often do not contain such exclusions and, therefore, coverage under such policies is more likely. Finally, the paper discusses investigation and discovery concerns that arise when the underlying claim is pending while a coverage defense based on intentional conduct or prior knowledge is being asserted.

    Product Details

    Product Code

    5190419

    Publication Date

    2/1/2007 12:00:00 AM

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