Article ID: f2859a420fdea1066017336959091a8f46c40c95627cc0bcfd9de8d4b09fd33d
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URL: https://www.businessinsurance.com/appeals-court-rules-for-insurers-in-school-sex-abuse-case/
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Appeals court rules for insurers in school sex abuse case - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Appeals court rules for insurers in school sex abuse case by Gavin Souter Coverage Disputes , P/C Insurers Mar 9, 2026 A Georgia appeals court on Friday overturned a $345 million judgment against several insurers that had been found liable for refusing to defend a private school in lawsuits over decades-old student sexual abuse. In Philadelphia Indemnity Insurance Co. v. Eubanks et al. , the Georgia Court of Appeals held that liability policies issued years after the abuse took place did not cover claims filed by former students against Darlington School, a private boarding school in Rome, Georgia. The lawsuits were brought by 20 former students, who alleged they were sexually abused by a teacher between the 1970s and 1990s and that school officials failed to act despite being told about the misconduct. The school later resolved the claims with the former students, assigning its insurance rights to them, and the students then sued the school’s insurers for failure to cover the settlement. The plaintiffs argued that insurance policies, issued until 2020, should cover the claims because the emotional harm caused by the abuse continued for years and therefore occurred during the insurers’ policy periods. The trial court agreed, finding that sexual abuse constituted “bodily injury” and that coverage could be triggered when mental anguish manifested rather than when the abuse itself took place. The trial court allocated damages among several insurers, including $232 million against Philadelphia Indemnity Insurance, $92 million against Zurich American Insurance Co., $10 million against The North River Insurance Co., a unit of Crum & Forster, and $1 million against Continental Casualty Co., a unit of CNA. The appeals court reversed, ruling that the policies required an injury to happen at a single point in time during a policy period. “Nothing in this opinion should be read to minimize the abuse the victims suffered,” the court wrote, but it concluded that the policy language meant there was no coverage under the policies. 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