Coverage and Liability Issues in Sexual Misconduct Claims
Coverage and Liability Issues in Sexual Misconduct Claims
Coverage and Liability Issues in Sexual Misconduct Claims
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IDAHO<strong>Coverage</strong> Trigger & Number ofOccurrencesIntentional Acts ExclusionsPerpetrator:Non-perpetrator:<strong>Sexual</strong> <strong>Misconduct</strong> ExclusionsStatute of LimitationsNot addressed <strong>in</strong> sexual misconduct sett<strong>in</strong>g.The Idaho courts apply the <strong>in</strong>ferred <strong>in</strong>tent rule <strong>in</strong> sexual misconductcases so that an <strong>in</strong>tentional act exclusion precludes coverage toperpetrators. State Farm Fire & Cas. Co. v. Doe, 946 P.2d 1333(Idaho 1997); Mutual Of Enumclaw v. Wilcox, 843 P.2d 154 (Idaho1992).In case where molestation victims sued a day care center employeefor negligently fail<strong>in</strong>g to warn of or report her husb<strong>and</strong>’s sexual abuseof children, the Idaho Supreme Court found that the employee’salleged negligence was not an occurrence, because it was thehusb<strong>and</strong>’s abusive conduct that caused the <strong>in</strong>jury. Mutual ofEnumclaw v. Wilcox, 843 P.2d 154 (Idaho 1992).Not addressed.An action to recover damages for personal <strong>in</strong>jury must be broughtwith<strong>in</strong> 2 years. Idaho Code §5-219(4).Actions aga<strong>in</strong>st a person who has committed sexual abuse of a childmust be brought with<strong>in</strong> five years from the date that the victim reachesthe age of 18. Id. at §6-1701 <strong>and</strong> §6-1704. This statute applies tocauses of action that occurred on or after July 1, 1989. §6-1705.The Idaho courts do not toll the statute of limitations for repressedmemories. See Bonner v. Roman Catholic Diocese of Boise, 913 P.2d567 (Idaho 1996) (Two brothers allegedly sexually abused by a priestwere barred by the statute of limitations even if the full effect of theabuse was not felt until years later). The Idaho Supreme Court alsoheld that the five-year statute of limitations <strong>in</strong> §6-1704 did not applyto claims aga<strong>in</strong>st a non-perpetrator school district which was suedpursuant to Section 1983 of the Federal Civil Rights Act. See Osbornv. Sal<strong>in</strong>as, 958 P.2d 1142 (Idaho 1998).Report<strong>in</strong>g LawsIdaho Code § 16-1601 et.al.– 18 –