Coverage and Liability Issues in Sexual Misconduct Claims

CONNECTICUTCoverage Trigger & Number ofOccurrencesIntentional Acts ExclusionsPerpetrator:Not addressed in sexual misconduct setting.Courts recognize an inferred intent to harm when adults sexuallyassault children. Colonial Penn Ins. Co. v. Dimitriadis, 2003 WL22904286 (Conn. Super. Nov. 14, 2003); Atlantic Mut. Ins. Co. v. Pope,2001 WL 861829 (Conn. Super. June 28, 2001).A 15-year-old abuser was old enough to realize and appreciate theconsequences of his actions and thus intend to cause harm to hisvictim. Covenant Ins. Co. v. Sloat, 2003 WL 21299384 (Conn. Super.May 25, 2003).An insured can rebut the presumption of intentional misconduct byproducing evidence of a mental disease or illness. Mount Vernon FireIns. v. Morris, 2004 WL 1730133 (Conn. Super. July 1, 2004).Non-perpetrator:Sexual Misconduct ExclusionsStatute of LimitationsNot addressed in sexual misconduct setting.Abuse and molestation exclusion precluded coverage for pre-schoolin suit arising out of molestation of female student by three minor malestudents. Cmty. Action for Greater Middlesex County, Inc. v. Am.Alliance Ins. Co., 757 A.2d 1074 (Conn. 2000). A sexual misconductexclusion was upheld in connection with negligence claims againsta day care for an employee’s sexual abuse of a minor child. MountVernon Fire Ins. v. Morris, 2004 WL 1730133 (Conn. Super. July 1,2004). See also Covenant Ins. Co. v. Sloat, 2003 WL 21299384(Conn. Super. May 25, 2003); Electric Ins. v. Castrovinci, 2003 WL23109149 (D. Conn. Dec. 10, 2003); Middlesex Mut. Assur. Co., 2003WL 22234621 (Conn. Super. Sept. 16, 2003).Tort actions shall be brought within three years from the date of the actor omission complained of. Conn. Gen. Stat. § 52-577.Actions to recover damages for personal injury to a minor, includingemotional distress, caused by sexual abuse, sexual exploitation orsexual assault, may be brought seventeen years from the date suchperson attains the age of majority. Conn. Gen. Stat. § 52-577d (2001);Cf. Nutt v. Norwich Roman Catholic Diocese, 56 F. Supp. 2d 195 (D.Conn. 1999) (Three-year statute applies to claims based on conduct,including sexual abuse, occurring after claimant has attained the ageof majority).§ 52-577d applies to all claims for personal injury to a minor caused bysexual abuse, not just claims against perpetrators. Todd M. v. RichardL., 696 A.2d 1063 (Conn. Super. Ct. 1995); Doe v. Indian MountainSchool, 921 F. Supp. 82 (D. Conn. 1995); Nutt v. Norwich RomanCatholic Diocese, 921 F. Supp. 66 (D. Conn. 1995). The Connecticutfraudulent concealment tolling statute applies to claims governed bythe sexual assault statute of limitations. Martinelli v. Bridgeport RomanCatholic Diocesan Corp., 196 F.3d 409 (2nd Cir. 1999) (30-year delayin bringing suit).Reporting LawsConn. Gen. Stat. §17a-101 et. seq.– 10 –