A Texas case suggests that insurers should be "cautious" when determining whether their duty to defend an insured has ended, according to attorneys who have studied the Texas Court of Appeals decision.
The decision, involving allegations of sexual abuse by a camp counselor, also makes clear that policy language endorsements that modify other coverage forms do not provide separate grants of coverage, according to lawyers at Hunton & Williams in McLean, Va.
According to the firm's analysis, the TIG Insurance Co. v San Antonio YMCA case suggests that courts, in Texas at least, will enforce provisions of sexual abuse endorsements or limitations to coverage by defining the occurrence by the perpetrator, not the number of victims.
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