Sexual Harassment/Sexual Misconduct: Policies, Coverage, and Practice
Author: Bruno De Vita, KC, Hollis Bromley, and Alexa Benzinger
Current to: October 2022
“Sexual Harassment/Sexual Misconduct: Policies, Coverage, and Practice” is the latest Practice Point to come as part of CLEBC Online Course Materials.
This paper was originally prepared by Bruno De Vita, KC, Hollis Bromley, and Alexa Benzinger, all of Alexander Holburn Beaudin + Lang LLP, for this fall’s Insurance Law Conference 2022. As the authors explain, litigating sexual harassment and misconduct claims in the insurance context presents unique challenges, particularly when litigating historical cases of past sexual abuse.
This paper outlines these challenges; discusses the insurer’s duty to defend sexual misconduct cases in the context of intentional act exclusion clauses, separation of insureds clauses, and derivative claims; and discusses the structure of modern‐day sexual abuse policies.