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...Read More »
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