Insurance Coverage Issues in Sexual Abuse Claims: Defending Claims and Indemnifying Victims

This CLE webinar will discuss the existence of insurance coverage for defending claims and indemnifying victims of sexual abuse and harassment under general liability insurance policies; insurer defenses to coverage; specific coverage issues that may arise; guidance for locating historic policy documents; and tips for accessing insurance proceeds. The panel will also consider whether coverage might be available under employment practices, D&O, and other types of policies.

Insurance policy proceeds are often the only source of funding for defending allegations of sexual abuse and compensating victims, so both plaintiffs and defendants have a vested interest in finding all available coverage.

Businesses will frequently turn to their CGL, D&O, or employment practices policies. In some instances, insurance companies will raise coverage defenses based on "expected or intended" harm or specific exclusions for sexual abuse. Often, insurance companies attempt to avoid paying based on arguments that there is insufficient evidence of historic insurance policies from the years in which the abuse occurred.

Regardless of the situation, coverage turns on the specific facts of the incident, the policy language, and the exclusions of each policy. Where coverage may apply, counsel need to address issues such as evidence of "missing policies," "expected or intended" harm, the number of occurrences, allocation across multiple policies, which injuries are covered, and more.

Listen as this experienced panel of insurance coverage attorneys discusses finding insurance coverage for defending claims and indemnifying victims of sexual abuse.