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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NEVADA<strong>Coverage</strong> Trigger & Number ofOccurrencesIntentional Acts ExclusionsPerpetrator:Non-perpetrator:<strong>Sexual</strong> <strong>Misconduct</strong> ExclusionsStatute of LimitationsWhere county was sued for negligent licens<strong>in</strong>g <strong>and</strong> monitor<strong>in</strong>g of aday care center because an employee sexually molested over 40children dur<strong>in</strong>g a three-year time period, the Nevada Supreme Courtfound that the county’s failure to act with the requisite care <strong>in</strong> licens<strong>in</strong>gthe employee was a s<strong>in</strong>gle “occurrence” for purposes of liabilitylimits <strong>in</strong> the county’s liability <strong>in</strong>surance policy. Washoe County v.Transcont<strong>in</strong>ental, 878 P.2d 306 (Nev. 1994).The Nevada Supreme Court adopted the <strong>in</strong>ferred <strong>in</strong>tent rule so as topreclude coverage for acts of sexual misconduct. Rivera v. NevadaMedical <strong>Liability</strong> Ins. Co., 814 P.2d 71 (Nev. 1991); See also Allstatev. Foster, 693 F. Supp. 886 (D. Nev. 1988); Cf. Allstate v. Jack S, 709F. Supp. 963 (D. Nev. 1989) (court refused to <strong>in</strong>fer <strong>in</strong>tent to harm as amatter of law where 14-year-old girl committed sexual act upon threeyear-oldboy whom she was babysitt<strong>in</strong>g).Where coverage was excluded for “bodily <strong>in</strong>jury . . . which mayreasonably be expected to result from the <strong>in</strong>tentional crim<strong>in</strong>al acts ofan <strong>in</strong>sured person” the court found no coverage for <strong>in</strong>sured sexualperpetrator or for his wife who was sued for negligence. Allstate Ins.Co. v. Foster, 693 F. Supp. 886 (D. Nev. 1988).Where a physician raped a patient subsequent to a gynecologicalexam<strong>in</strong>ation, the Nevada Supreme Court found that a sexualmisconduct exclusion precluded coverage. Rivera v. Nevada Medical<strong>Liability</strong> Ins. Co., 814 P.2d 71 (Nev. 1991)An action for assault, battery or other <strong>in</strong>juries to the person caused bythe wrongful act or neglect of another can be commenced with<strong>in</strong> twoyears. Nev. Rev. Stat. § 11.190.An action to recover damages for an <strong>in</strong>jury to a person aris<strong>in</strong>g fromthe sexual abuse of the claimant that occurred when the claimant wasless than 18 years of age must be commenced with<strong>in</strong> 10 years afterthe pla<strong>in</strong>tiff reaches 18 years of age or discovers or reasonably shouldhave discovered that his <strong>in</strong>jury was caused by the sexual abuse,whichever occurs later. Id. at §11.215.Report<strong>in</strong>g LawsOtherNev. Rev. Stat. §432 B.010 et seq.The Nevada Supreme Court found that a group home leader whosexually assaulted a female acted with<strong>in</strong> the course <strong>and</strong> scope ofhis employment <strong>and</strong> held the state vicariously liable for his actions.Department of Human Resources v. Jimenez, 935 P.2d 274 (Nev.1997), op<strong>in</strong>. withdrawn, 941 P.2d 969).– 40 –