Whether Abuse Coverage Has Its Own Aggregate
What this clause says
The Sexual Abuse or Molestation Aggregate Limit is the most the Company will pay for all such Occurrences and is part of, and not in addition to, the General Aggregate Limit.
What this actually means
Beyond the size of the abuse sublimit, there is the question of whether abuse claims draw on their own annual aggregate or on the same aggregate as every other claim. Where abuse shares the general aggregate, an abuse claim reduces the limits available for falls, medication errors, and everything else, and vice versa.
What it means for an operator
Abuse allegations in senior care rarely arrive alone. Where one is substantiated against a staff member, others involving the same person or the same unit commonly follow, and a regulatory investigation frequently surfaces additional incidents. A shared aggregate means a cluster of related allegations can consume the protection for the entire operation for the rest of the policy year, including for ordinary claims that have nothing to do with the abuse. A separate abuse aggregate ringfences that scenario. Ask specifically; the declarations page often shows only one aggregate figure, and the sharing language sits in the endorsement.
How this evaluates
The Policy Checker applies these rules in order; the first match wins.
sam separate aggregate is set -> Compliant: A separate abuse aggregate keeps a cluster of related allegations from consuming the limits protecting the rest of the operation. sam separate aggregate is not set -> Borderline: If abuse shares the general aggregate, a cluster of related allegations can exhaust the limits available for all other claims for the remainder of the policy year.
See this in your policy
Check this term against your own program.
Run the Policy CheckerRelated clauses
Common questions about this clause
- What is the difference between neglect and negligence in a senior care claim?
- What is a per resident aggregate and should I want one?
- How do we choose the right retention on a senior care program?
- Do defense costs count against the limit on a senior care liability policy?
- What is a sexual abuse and molestation sublimit, and how much is enough?