When it comes to negligent supervision, there are very particular laws governing how victims of this type of misconduct are to be protected and compensated for injuries under insurance.
As long as negligence has been proven and there is a direct link between one party’s negligence and the victim’s injuries, the victim is entitled to insurance benefits under the negligent party’s liability insurance.
To establish liability for negligent supervision, it must be determined exactly who was negligent. For example, an employer has a duty to conduct a background investigation on persons considered for a job in which they will be supervising, monitoring, or are otherwise put in charge of employees. If the employer neglects this investigation or conducts it in a less than diligent and reasonable manner, they may be on the hook for negligent hiring when and if an employee (or the supervisor) commits a wrongful intentional act such as sexual abuse.
Liability becomes even more apparent when the person charged with the employee’s care had either constructive or express knowledge of the wrongdoer’s propensity to engage in some intentional misconduct.
Typically, homeowner’s insurance policies will NOT protect a victim of negligent supervision. This is because a homeowner’s policy often includes a provision that denies coverage for bodily injury intentionally caused by an individual.
Since Florida courts have reasoned that a person who sexually molests a child can not intend to do anything other than harm and long-term emotional anguish to their victim, acts of sexual molestation are considered intentional acts as that term is used in insurance policies. Accordingly, Florida courts have consistently denied insurance coverage for intentional sexual acts on children.