Coverage and Liability Issues in Sexual Misconduct Claims

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NEW JERSEYCoverage Trigger & Number ofOccurrencesIntentional Acts ExclusionsPerpetrator:Non-perpetrator:Sexual Misconduct ExclusionsStatute of LimitationsNot addressed in sexual misconduct setting.Exclusions for bodily injury expected and intended by the insuredpreclude coverage for perpetrators of sexual abuse against childrenbecause the intent to harm is inferred by the conduct. AtlanticEmployers Ins. Co. v. Tots & Toddlers Pre-School Day Care Center,Inc., 571 A.2d 300 (N.J. App. Ct. 1990); See also Prudential Property& Casualty Ins. Co. v. Boylan, 704 A.2d 597 (N.J. App. Ct. 1998)(Intent to harm inferred in respect to the sexual abuse of a 5-year-oldgirl by a 15-year-old boy); Cf. Atlantic Employers Ins. Co. v. ChartwellManor School, 655 A.2d 954 (N.J. App. Ct. 1995) (If there is areasonable probability that the alleged acts were not sexual in nature,such as when a student’s genitals were held by a teacher to protectthem during a spanking, the subjective intent of the actor should beexamined).No intent to harm was imputed to parents of a 15-year-old boy whowere sued for negligent supervision after their son sexually abused afive-year old girl in their home. Prudential Property & Casualty Ins.Co. v. Boylan, 704 A.2d 597 (N.J. App. Ct. 1998).Not addressed.The limitations period for personal injury claims is two years from thedate of discovery. N.J. Stat. Ann §2A:14-2.New Jersey enacted a Child Sexual Abuse Act in 1992 whichestablished a statutory cause of action for childhood sexual abuseand set forth a limitations period of 2 years from the date the personabused reasonably discovers the injury and the injury’s causalrelationship to the act of sexual abuse. Id. at §2A:61B-1. This statuterequires a plenary hearing where the court (and not the jury) shallhear evidence of the mental state of the victim to determine whetherthe statute of limitations was tolled. J.L. & B.Z. v. J.F., 722 A.2d 558(N.J. App. Ct. 1999); D.M. v. River Dell Regional High School, 862A.2d 1226 (N.J. App. Ct. 2004) (Plenary hearing not required whereclaimant admitted he recognized that he had been injured by abusesix years earlier); See also Smith v. Estate of Kelly, 778 A. 2d 1162(Rejected claim that the statute of limitations should be tolled due to“religious duress”); Hardwick v. Americas Boychoir School, 845 A.2d619 (N.J. App. Ct. 2004) (Recognized that while statutory cause ofaction provided by Sexual Abuse Act only applied to perpetrators orsupervisors standing in loco parentis, the limitations period applied toall actions based on sexual abuse of a child).Reporting LawsN.J. Stat. Ann. §9:6-8.9 et. seq.– 42 –
NEW JERSEYOtherThe New Jersey Charitable Immunity Statute bars negligence claimsagainst charitable institutions. N.J. Stat. Ann. 2A:53A-7. See Schultzv. Roman Catholic Diocese of Newark, 472 A.2d 531 (N.J. 1984)(Negligent hiring claim against diocese for the alleged sexual abuse ofa minor by an instructor was barred); See also Rivera v. Alonso, 1989WL 124959 (D. N.J. Oct. 18, 1989) (Claim against diocese of negligenthiring of abusive priest did not rise to the level of a willful or wantonact and therefore was barred by charitable immunity); Cf. Hardwickv. America Boy Choir School 845 A.2d 619 (N.J. Ct. App. 2004)(Charitable Immunity Act is inapplicable to persons whose liability ispremised upon Child Sexual Abuse Act).The New Jersey courts have addressed the issue whether theFirst Amendment bars certain types of claims against religiousorganizations. See McKelvey v. Pierce, 800 A.2d 840 (N.J. 2002);F.G. v. MacDonell, 696 A.2d 697 (N.J. 1997) (First Amendment barredclaim of “clergy malpractice”.)– 43 –
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Page 9 and 10: STATETRIGGER/#OCCURRENCESSEXUALMISC
Page 11 and 12: ALABAMACoverage Trigger & Number of
Page 13 and 14: ALASKAThe Code of Civil Procedure w
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Page 17 and 18: CALIFORNIAStatute of LimitationsAct
Page 19 and 20: COLORADOReporting LawsOtherColo. Re
Page 21 and 22: CONNECTICUTOtherSexual abuse perpet
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Page 25 and 26: FLORIDAStatute of LimitationsFlorid
Page 27 and 28: HAWAI’ICoverage Trigger & Number
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Page 37 and 38: LOUISIANAThe doctrine of “contra
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Page 55 and 56: NEW MEXICOWhere no physical injury
Page 57 and 58: NEW YORKOtherEmployer is not liable
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Page 61 and 62: OHIOOtherOhio courts have held that
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Page 67 and 68: PENNSYLVANIAOtherThe Pennsylvania c
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Page 73 and 74: TEXASStatute of LimitationsTexas ha
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Page 77 and 78: VIRGINIAOtherA charity is not liabl
Page 79 and 80: WASHINGTONOtherAn employer is not s
Page 81 and 82: WISCONSINCoverage Trigger & Number
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Coverage and Liability Issues in Sexual Misconduct Claims

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