For example, the insurers often point to California Insurance Code section 533, which states:Īn insurer is not liable for a loss caused by the willful act of the insured but he is not exonerated by the negligence of the insured, or the insured’s agents or others. Many insurers also argue public policy or statutory schemes bar coverage. In fact, many insurance policies now contain express exclusions for sexual assault. Many insurers disagree with the notions that their policies should afford coverage for claims of sexual assault. Thus, insurance does provide one of the protections that it was intended to perform – providing financial recompense for those injured by the wrongful acts of insureds when insureds otherwise might not be able to pay. Indeed, insurance policies have paid out hundreds of millions of dollars to individuals claiming that they were abused by priests and other members of churches. Rather, as the sex-abuse litigation against various Catholic dioceses and archdioceses and other entities has shown, insurance may be the most viable and valuable source of compensation for victims of sexual abuse. This is not simply a question of whether alleged perpetrators get insurance coverage to protect them financially. This inevitably has led to the question of what insurance coverage might be available to pay for the defense of and settlement and judgments in such claims. While such claims unfortunately are not new, because of the sheer quantity of claims and the charges against alleged perpetrators and those who allegedly enabled the misconduct, public attention has never been higher. The allegations range from people claiming that they were made uncomfortable to all-out physical attacks and rapes. Over the course of the last year or so, there has been an avalanche of claims and lawsuits alleging sexual assault, battery, and rape against a wide range of individuals and entities.
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