Errors-and-omissions sexual misconduct exclusion applied in case against school

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted December 7, 2021 11:06 AM

The 7th U.S. Circuit Court of Appeals, reversing the district court, recently upheld the application of a sexual misconduct exclusion in a school district’s claims-made errors and omission policy.The case is Netherlands Insurance Co. v. Macomb Community Unit School District No. 185, 8 F.4th 505 (Aug. 6). The insurer, Netherlands, was represented by Best, Vanderlaan & Harrington of Chicago, among other firms. The school district was represented by Franczek Radelet P.C. of Chicago.Students from the school district …

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