When a case or claim is filed on behalf of an injured child, a Child Injury Lawyer will obtain documents and information pertinent to the case. Among the documents requested in a typical case will be those related to liability insurance. If the case involves a day care center, school, sports program, government agency, business, homeowner, or other person or entity, there may be liability insurance in place that will cover the injuries or damages related to the abuse or molestation of child. It should be noted that insurance policies vary as the following:
language and terms of the policy;
limits of liability;
restrictions of coverage;
exceptions to coverage, and
Many liability insurance companies will seek or attempt to exclude coverage for injuries or damages related to the criminal acts of an individual, insured, employee, agent, family member, resident relative, and/or other persons under the policy. An insurance company will seek or fight to apply the exception to a particular case or claim involving the abuse, molestation, and / or attack of a child. An insurance company will make this argument because the insurance company will not be required to pay any benefits under the policy if the insurance company is successful. It should also be noted that there are certain causes of action when properly pled or stated, may qualify for insurance coverage in an abuse or molestation case even if there are the typical exceptions stated in the policy. The following causes of action may avoid the applicable exclusions: negligent hiring, negligent supervision, or negligent oversight by the day care center school, sports organization, other entity. The issue of insurance coverage is often times a complicated issue to deal with in an abuse or molestation case.