Does my auto policy cover sexual molestation?

[AVATAR]

My agency insures a church for all lines and a "what if" question has been asked. Does the auto policy cover sexual molestation that occurs in one of the church's owned vehicles or in one of our volunteers' personal cars when the vehicle is being used to transport children (e.g. to or from Sunday school and services)? Intentional acts are not covered, but the church, its leaders or its members are not the person(s) who have committed the intentional act. Is this act an accident as defined by the auto policy? Insights would be appreciated.

[InsAgentSF]

I don't think "Sexual molestation" is covered by auto policy . To my knowledge it is an endorsement to General Liability.

[merrimack]

I have seen these types of claims covered before. I never could find a molestation exclusion in the BAP.

[Forum Reader]

The insuring agreement under an ISO business auto policy says:
We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto".

I think it would be a stretch to say that it was an accident arising out of use of the auto -- but that might depend on the generosity of the court system.

This might be one of the examples of why it is good to have the CGL and auto coverage with the same insurer.

[sanddog1]

AVATAR, it doesn't matter where the molestation happens. Auto, Bus it could be next-door in the barn. One of the main endorsements parishioner coverage affords is Molestation. There are more carriers starting to exclude that coverage as well.
Forum Reader is correct, ISO auto policy or any other auto form will not cover molestation. This coverage if afforded is found under a GL form policy and must be named if endorsement or excluded.

[trent]

Avatar.

I agree for most of the replies here, but better ask a police about it or ask your insurance if where it should be covered etc. Anyway if ever you are still shopping for insurance as i am you should consider having free qoutes online in order for you to compare the rates of other insurance side by side and also its policies. The site i went to is http://www.insurancepaylite.com it was pretty amazing how their insurance quote system works..its fast. hope this helps.

[MG]

Oddly enough some states will dictate that the AL should respond to molestation. We wrote AL for schools in Mass. Driver removed a student from the bus to his home. Mass determined it originated on the bus - therefore the AL was on the tag for the molestation. Certainly an exposure we did not contemplate when pricing the account.

[sanddog1]

Off topic, the question was is molestation covered under and auto policy. The answer is NO>>>>>>>>>>>>>>.

[92builder]

while we're on this goose chase, check and see if the molester getting a beating by the congregation is covered as well...

[sanddog1]

No! only Priest, of course money buy forgiveness. Doesn't matter who or what you do for work. O'God that's in poor taste.

[Wolfman97]

Interesting question. First, it would be better covered by other GL policies, but . . . it may depend on the wording of the auto policy.

If it says something like "arsing out of the use of the auto" that could make a valid claim. The reasoning is that the insurance contract is one of adhesion and, therefore, the wording is construed against the person who wrote it in any case of ambiguity. In this case the ambiguity is "use" of the auto. In a sense, the car was "used" for the crime.

I recall a similar case from my early insurance carrier. The homeowners policy said that it provided coverage for auto accidents on the property and on the roadways and driveways contiguous to the property. That is meant to cover driveways, of course.

The house sat on a corner and the homeowner hit a kid on a bike one day at the corner directly opposite his house - maybe 50 to 75 feet from the house. The kid suffered brain damage and became a vegetable so it was a huge claim. The homeowners carrier denied coverage on the premise that the accident occurred on a public street and the policy didn't cover auto accidents on public streets. The plaintiff hung their hat on the ambiguity of the word "contiguous".

End result -- the company, which could have walked away by writing a check for $25,000, wound up paying over a million.

The carrier would also have another defense though -- exclusion of intentional acts and crimes.

I think it would depend on the wording of the policy and where the case was resolved. But, if I was the lawyer, I would certainly be making the claim because there is certainly enough possibility to justify trying.

[Wolfman97]

Oddly enough some states will dictate that the AL should respond to molestation. We wrote AL for schools in Mass. Driver removed a student from the bus to his home. Mass determined it originated on the bus - therefore the AL was on the tag for the molestation. Certainly an exposure we did not contemplate when pricing the account.

I was thinking of personal auto coverage when I wrote my point, but you have an even stronger example. If it is a vehicle for hire, and the driver molests some kid in the bus, then I think there would be a much stronger case for that claim. But it may be a moot point because the bus company may have their GL with the same carrier.