If a person who is a resident of a high rise condominium goes up to the roof with the security guard and is sexually abused by the guard, does the abuse or molestation exclusion, CG 21 46, apply?

Florida Subscriber

The standard abuse or molestation exclusion applies to abuse or molestation by anyone of any person while in the care, custody or control of any insured. The exclusion was written mainly to apply in situations where minors are in the care or control of school officials or camp counselors or the like. Based on your description of the incident, it does not seem like the woman was in the care, custody or control of the security guard and so, the exclusion would not apply. However, you need to ascertain more facts about what happened and how it happened to be clear about the exclusion's applicability.