12.07.2015 Views

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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STATETRIGGER/#OCCURRENCESSEXUALMISCONDUCTEXCLUSIONS STATUTE OF LIMITATIONS OTHERAL Applied 2 years after majorityAK Applied 3 years after majority or knowledge<strong>in</strong>juries caused by abuse formisdemeanors. No limitationsperiod for feloniesPossibleRespondeatSuperiorAZ Applied 2 years from recollection of event PossibleRespondeatSuperiorAR Applied 3 years from recollection of eventCA Other Applied To 26th birthday or three years afterknowledge <strong>in</strong>juries were caused byabuse plus “Sunsh<strong>in</strong>e Legislation”for claims pend<strong>in</strong>g or brought <strong>in</strong>2003CO Applied Generally 2 years, but 6 yearsafter disability removed or cause ofaction accrues for claims aga<strong>in</strong>stperpetratorsPossibleRespondeatSuperiorFirst AmendmentCN Applied 17 years after majority PossibleRespondeatSuperiorDE Applied 2 years after majority unless <strong>in</strong>jury<strong>in</strong>herently unknowable due todisabilityDC Not Applied 3 years from recollection of eventFL Other Applied 7 years after majority or 4 yearsafter knowledge <strong>in</strong>juries werecaused by abuseGA Applied 5 years after age of majority Charitable ImmunityHI First Encounter Applied 2 years after knowledge <strong>in</strong>jurieswere caused by abuseID5 years after majorityIL Proration 10 years after majority or 5 yearsafter knowledge <strong>in</strong>juries werecaused by abuseINIA2 years from recollection of event.4 years after knowledge <strong>in</strong>jurieswere caused by abuse of childunder age of 14KS Proration Applied 3 years after knowledge <strong>in</strong>jurieswere caused by abusePossibleRespondeatSuperior– vi –

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