Coverage and Liability Issues in Sexual Misconduct Claims

WYOMINGCoverage Trigger & Number ofOccurrencesIntentional Acts ExclusionsPerpetrator:Non-perpetrator:Sexual Misconduct ExclusionsStatute of LimitationsNot addressed in sexual misconduct setting.Not addressed in sexual misconduct setting.A federal district court interpreting Wyoming law held that where aninsurance policy contains a separation-of-insureds or severabilityclause, allegation against the perpetrator’s partner for negligent failureto warn a claimant about the perpetrator’s sexual predatory naturewas an occurrence under the policy. Harper v. Gulf Ins. Co., 2002 WL32290984 (D. Wyo. Dec. 20, 2002).Sexual misconduct exclusion barred coverage for actions involvingsexual abuses regardless of whether the abuse was causedintentionally by a perpetrator or negligently by a supervisorydefendant. Harper v. Gulf Ins. Co., 2002 WL 32290984 (D. Wyo. Dec.20, 2002).Actions for personal injury must be brought within four years after thecause of action accrues. Wyo. Stat. Ann. §1-3-105(a) (iv).Civil actions based on sexual assault against a minor must be broughtwithin the later of: eight years after the minor’s eighteenth birthdayor three years after the discovery. Id. at §1-3-105 (b). The extendedlimitations period begins to run when the claimant discovered or in theexercise of reasonable diligence should have discovered the psychictrauma. McCreary v. Weast, 971 P.2d 974 (Wyo. 1999).Reporting LawsWyo. Stat. Ann. §14-3-201 et. seq.– 72 –