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.