We have tried to set out below some of the important definitions from the insurance we access. At the bottom, we also list the things you need (or we think you should) tell us about during the policy period.
If you have any questions about any definitions here or in the policy, please don’t hesitate to get in touch.
What is sexual abuse, misconduct and molestation?
Any actual or alleged abuse, molestation, mistreatment or maltreatment of a sexual nature, including, but not limited to, any sexual involvement, sexual conduct or sexual contact, regardless of consent.
What is a claim?
- A written demand or request for monetary damages against any insured; or
- A civil or administrative proceeding initiated against any insured.
However, claim does not include any criminal, investigative or regulatory proceeding.
Who is insured?
The insured persons, the insured organization, and additional insureds.
Insured persons are any person who was, now is, or shall be an employee or duly elected or appointed directors, officers, trustees or managers of the insured organization including all persons outside the United States serving in a functionally equivalent role for the insured organization including their estates, heirs, legal representatives or assigns in the event of their death, incapacity or bankruptcy.
Insured organization means the named insured and its subsidiaries, including any such organization as a debtor in possession within the meaning of the United States Bankruptcy Code or similar legal status under foreign law.
Named insured means the entity designated as such in Item 1. of the Declarations.
Additional Insured means any entity listed as an additional insured by written endorsement to this policy signed by the Underwriters and shall include such entity’s board of trustees, employees, agents and volunteers.
What is loss?
Loss means compensatory damages, judgments (including pre-judgment and post-judgment interest awarded against an insured on that part of any judgment paid by Underwriters), settlements, statutory attorney fees and defense costs.
However, loss shall not include any of the following:
- civil or criminal fines or penalties, sanctions, or other matters that may be deemed uninsurable according to the law under which this Policy is construed;
- the multiple portion of multiplied damages, punitive or exemplary damages; or
- any amounts incurred in defense of any claim for which any other insurer has a duty to defend.
What are defense costs?
Reasonable and necessary fees and expenses, including legal fees and expenses, to which Underwriters consent in advance and which are incurred by or on behalf of the insureds in defending, settling, appealing or investigating any claim and the cost of appeal, supersedeas, attachment or similar bonds (provided, however, Underwriters shall have no obligation to apply for or furnish any bond for appeal, supersedeas, attachment or any similar purpose), but shall not include salaries, regular or overtime wages, fees or benefit expenses associated with employees or the insured organization’s or the additional insured’s overhead expenses.
What must or should be notified during the policy period?
Any claim – within 30 days of an insured becoming aware of it but we recommend notifying as soon as possible;
Any circumstance – there is no set time frame but we recommend notifying as soon as you suspect a claim could be made; usually, the sooner we can help, the better.
As soon as any person covered by the policy is prevented by law or otherwise becomes ineligible to perform duties in relation to the insured organization’s business for the additional insured.