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Application of the Abuse Exclusion
Claims of sexual abuse and molestation are devastating to business owners and disconcerting to insurers because they often are made by or on behalf of minors, with whom jurors will sympathize and against whom statutes of limitations often do not apply. Moreover, they frequently contain high-dollar demands. It has been reported that insurers already have paid more than $59 million to defend and settle sexual abuse claims against Penn State University stemming from the abuse perpetrated by Jerry Sandusky. Based upon the complexity and risk, many sexual abuse claims result in coverage disputes.
Most commercial general liability, business owner's and homeowner's policies exclude coverage for the actual abuser under either an intentional acts exclusion or an abuse exclusion. While certain types of physical injury may be argued to be unintentional, sexual abuse or molestation is always considered an intentional wrongdoing. Coverage disputes arising from abuse claims frequently involve claims against persons or organizations other than the alleged abuser and analysis of either or both of the following: 1) applicable policy language separating insureds for purposes of coverage; and/or 2) the scope and wording of the abuse exclusion.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.