Abuse and Molestation Exclusion

Abuse and Molestation Exclusion

Abuse and Molestation Exclusion

The exclusion removes coverage for injury arising out of actual or threatened abuse or molestation, and typically extends to claims of negligent employment, supervision, or retention of the perpetrator.

Some policies substitute a sublimit rather than a complete exclusion.

Alternative Names:

Sexual Abuse Exclusion, Molestation Exclusion

Why it Matters?

This exclusion determines whether coverage exists for the highest-severity claims in long-term care, education, religious, and youth organization accounts. Because it typically reaches the institution's own negligent supervision, an organization can face catastrophic exposure with no coverage at all. Where a sublimit applies instead, it is frequently far below the realistic verdict range, which makes confirming its amount an early priority in any such claim.

Frequently asked questions

Does the exclusion cover the institution's own negligence?

Does the exclusion cover the institution's own negligence?

Broad forms extend to negligent hiring, supervision, and retention claims against the institution, leaving it without coverage for its own alleged failures.

What if a sublimit applies instead?

What if a sublimit applies instead?

Confirm the amount immediately. Abuse sublimits are frequently far below the exposure these claims generate, which constrains realistic settlement capacity.