NCJ Number
193294
Date Published
2000
Length
46 pages
Annotation
After providing basic information on individual and corporate insurance coverage for liability in injury cases, this chapter traces the development of limited coverage in sexual-abuse injury cases in statutory and case law.
Abstract
The author notes that although direct insurance coverage for sexual abuse injuries is as rare as a "needle in a haystack," indirect coverage can be found in some cases, especially those in which the acts of negligent individuals other than the perpetrator facilitated the abuse and thus the plaintiff's injuries. In childhood sexual abuse litigation, the relevant insurance policies are those in which a defendant is an insured. The defendant's policies provide coverage for attorneys' fees and costs in defending certain covered claims and provide "indemnity" (money payment for a covered loss) for those claims, if the insured/defendant is found to be liable. In its review of insurance coverage, this chapter distinguishes between first-party and third-party claims; addresses forms of coverage, policy limits, general liability, and professional liability policies; discusses the timing of the "trigger" of coverage; explains policy periods; covers monetary limits and deductibles; and considers typical liability coverage terms. After reviewing the current state of the coverage law regarding claims for sexual abuse, the author explains how--under the right facts, with the right policy, and in the right jurisdiction--it is still possible for a court to find coverage for sexual abuse. Guidance for attorneys in preparing for litigation is provided under criteria for such coverage. Such preparation requires careful, efficient, and timely evaluation of the facts and a working knowledge of the precise details of the plaintiff's relationship with the perpetrator and others in the temporal, relational, and geographic contexts of the sexual abuse. 104 notes