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These courts view the abuse as the cause of the injury, but Pennsylvaniia deem that the repeated abuse of the same child by the same perpetrator as an ongoing occurrence during each policy period in which the abuse occurred. Revived sexual abuse claims frequently allege causes of action against insured organizations for negligently hiring, training, supervising and retaining alleged perpetrators. But this approach in multiple occurrences where 1 the victim is abused by the same perpetrator during more than one policy period, 2 the victim is abused by more than one perpetrator in the same policy period, or 3 the perpetrator abuses more than one victim in the same policy period.
The window opening for such claims gives rise to potential liability against defendants for the first time. A perpetrator may have abused a victim one time or repeatedly. With UnitedHealthcare, you can count on getting good health care, plus the respect you deserve. You'll have your own personal doctor who really knows you.
Butts Grocery, F. The overriding question in many of these insurance coverage disputes is how to quantify the of occurrences, as this issue directly impacts the of per occurrence limits an insurer must pay. Monday, Tuesday, Thursday, and Friday and 8 a. July 5, finding that each of seven sexual assaults by two assailants of the same victim on the same day constituted seven separate injuries.
The abuse may have been frequent or intermittent or taken place at one place or various places.
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The objective of this strategy is to require the primary insurer to pay multiple per occurrence limits, thereby reducing the need for the excess policy to pay part of the claim. We check doctors and hospitals in our network often to make sure you're getting the care you deserve. Share This. No more sitting around emergency rooms waiting for basic health care.
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Under this approach, the repeated abuse of one Pitfsburgh during one policy period constitutes one occurrence. Safeco Ins. Fortunately for policyholders seeking to advance a multiple occurrences position, most courts that have considered the of occurrences for revived sexual abuse claims have rejected the single occurrence approach. Revived sexual abuse claims often drive insured organizations into bankruptcy and liability insurance is often the most ificant asset available to pay claims.
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Interstate Fire Ins. Instead, primary insurers contend that the relevant occurrence for purposes of determining the of occurrences is the supervision, training or hiring of the perpetrators. Diocese of Brooklyn is an example of a case where the primary policy had substantial retentions and the insurer Pennsylvabia a multiple occurrences position.
This often happens when the primary policy has substantial deductible or retentions that a policyholder must pay to access coverage.
The allegations may implicate many perpetrators who abused many victims during different time periods and at different locations. This single occurrence approach can severely limit the coverage available to compensate claimants.
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Treating each act of abuse as a separate occurrence in the greatest of Pittburgh and, thus, the greatest of per occurrence limits of liability. Archdiocese of Portland, 35 F.
Butt Grocery Co. But the allegations of sexual abuse underlying these causes of action often involve a variety of circumstances. Some courts look to the cause of injury to define the relevant occurrence.
Conclusion In states that have passed window statutes, an inevitable byproduct of the revived liability claims is eex between policyholders and insurers regarding the insurance coverage available to compensate survivors. Depending how the of occurrences is determined, these limits can be multiplied many times over, resulting in a substantial amount of insurance coverage.
Reprinted with permission.
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In this follow-up piece, we address a separate issue that is one of the most hotly contested in coverage disputes regarding historical sexual abuse claims: the applicable of occurrences. National Union Fire Insurance Co.
In other instances, excess insurers may argue for multiple occurrences. Revived claims frequently allege abuse that took place in the s, s, s and s.
Liability insurance policies from decades ago often have per occurrence limits that define the maximum amount of coverage for any one Pjttsburgh. The greater the of occurrences, the greater the amount of coverage. Plus, your doctor is there for you and your family around the clock. To minimize liability, insurers will no doubt contend that the allegations of abuse should be grouped into a single occurrence, regardless of the of victims or perpetrators.