Liability Insurance Coverage For Claims Related To Sexual Assault: What Happens When The Insured Is Not The Alleged Assailant?
Sexual assault claims have become increasingly common, and in recent years, a number of jurisdictions have removed procedural obstacles for victims to come forward with these claims, even years later. High-profile cases alleging sexual assault have been covered extensively in the media, and insurance coverage claims involving those cases have been litigated extensively as well.
But what about sexual assault claims when the insured is not the assailant but is alleged to have facilitated the assault in some manner, for example, owning or operating the vehicle or the residence in which the assault occurred, failing to prevent or intervene in the assault, failing to contact law enforcement about the assault, or failing to obtain medical care for the victim as a result of the assault? Will the tortfeasor’s policy afford a defense or indemnification? While the answers to these questions vary depending upon the particular allegations against the insured, the policy provisions, and the jurisdiction, this article addresses some of the reasons claims arising out of or related to sexual assault may not be covered under a homeowner’s policy, an auto policy, or a commercial general liability (“CGL”) policy.