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Posts Tagged "monitor"

Insurance Companies Often Add Insult To Injury Of Child Sexual Abuse Victims

Posted by on Jul 24, 2013 in Child Sexual Abuse

Insurance Companies  Often Add Insult To Injury Of Child Sexual Abuse Victims

I saw a piece in the Kansas City Business Journal regarding child sexual abuse cases that I thought might be informative for anyone considering bringing a claim against an institutional defendant for child sexual abuse. Institutional defendants is a term I use to describe organizations who provide services to children, and who are supposed to screen, background check, and supervise the adults they put in contact with those children. The Business Journal article chronicled efforts by Chicago Insurance Co. to avoid having to provide liability insurance coverage to the Catholic Diocese of Kansas City for tens of millions of dollars in settlements the Diocese agreed to pay as a result of rampant sexual abuse committed by Diocese priests. According to the story, Chicago Ins. is using a tactic often utilized by insurance companies here in Florida. In cases involving sexual abuse, insurance companies often try to avoid having to pay victims based upon arguments that the sexual abuse injuries are not “personal injuries” under the language of the insurance policy, or that claims are excluded as “assaults and batteries.” Child sexual abuse victims need to understand that they are often going to face two major battles on the way to trying to win the war of recovering compensation. The first battle will be proving that the abuse happened, and how and why it happened. The second (and perhaps more difficult) battle is figuring out how to actually recover damages. Unfortunately, these battles often leave child sexual abuse victims feeling even more violated. This is a crying shame (oftentimes, literally.) If you have questions regarding a Florida child sexual abuse case, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Background Check Is Only Part Of The Story In Alleged Orlando Youth Coach Sex Abuse Case

Posted by on Apr 4, 2013 in Child Sexual Abuse

Background Check Is Only Part Of The Story In Alleged Orlando Youth Coach Sex Abuse Case

Like many Central Floridians, I’ve been following the media coverage surrounding the arrest last week of Jeffrey McWhorter on charges of lewd conduct toward children.  Mr. McWhorter is the 54-year old man who has apparently volunteered as a football and basketball coach over the past 32 years.  According to the Orlando Sentinel, Mr. McWhorter has worked for the City of Orlando for at least the past seven years. Mr. McWhorter is in trouble because seven boys have come forward with allegations that he sexually abused them, performed sex acts in front of them, or propositioned them to perform sexual acts on him. The aspect of the case the interested me as a Florida child sexual abuse attorney was the City of Orlando’s response to the allegations. After finding out about the circumstances of Mr. McWhorter’s arrest, the City spokesperson’s first statement was that the City had performed a thorough background check on Mr. McWhorter, was aware that he had a history of a felony drug conviction several years ago, but felt he was fine to serve as a role model for young boys. While reasonable people might disagree about whether an allegedly reformed convicted felon should be cleared to coach young boys, focusing on the background check obscures what might be the source of the most culpability for these acts of sexual abuse. A competent background check is only a part of what an institution like a youth sports league or child mentoring organization must do to keep kids safe. Institutions and organization also owe children a duty to closely and properly supervise and monitor the relationships between adults and children. This includes making sure that children are not placed in positions where they can be sexually abused, or forced to witness sexual acts by adults. In other words, an organization like a City or church cannot perform a background check on an individual and then let its guard down. Children deserve their constant vigilance. It will be interesting to see what the City did to supervise Mr. McWhorter with these kids. If you have any questions concerning a Florida child sexual abuse case, call Winter Park attorneys Kim Cullen and Robert Hemphill at...

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