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Sexual Misconduct and Insurance Coverage

Insurance policies may not cover sexual misconduct by employees.

Key point: Church insurance policies may not provide a legal defense of lawsuits brought against pastors by victims of sexual seduction. Further, any money damages awarded by a court against a pastor may not be covered by the church's policy.

• An Illinois appeals court ruled that a liability insurance policy maintained by a counseling center did not necessarily exclude coverage for a counselor who sexually seduced a counselee. A psychotherapist who was employed by a secular counseling center initiated sexual contact with her. The two engaged in sexual intercourse on several occasions over a two-year period. The woman later sued her counselor, and the counseling center. She alleged that the counselor was guilty of breach of his fiduciary duties, assault and battery, and intentional infliction of emotional distress. She claimed that the counseling center was responsible for the ...

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  • July 1, 1994

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