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ARTICLE · 21 NOVEMBER 2019

Tender Of "Abuse And Molestation" Limits Fails To Secure Summary Judgment For Liability Carrier.

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The policy at issue (a commercial general liability policy) in United States Fire Ins. Co. v. Mother Earth School et al., in the U.S. District Court for Oregon, contained the following:

United StatesLitigation, Mediation & Arbitration

The policy at issue (a commercial general liability policy) in United States Fire Ins. Co. v. Mother Earth School et al., in the U.S. District Court for Oregon, contained the following:

This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the actual or threatened abuse or molestation by anyone of any person.

However, subject to all other terms of the policy, this exclusion does not apply to claims against an insured for failing to prevent or stop any abuse or molestation, provided the insured did not:

(1) participate in the abuse or molestation; or

(2) remain passive upon gaining actual or constructive knowledge of the abuse or molestation.

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