Exclusions where claim involves sexual misconduct - void.

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(1) No insurer, in a policy of professional malpractice insurance, shall attempt to nullify or limit its stated liability with regard to claims not relating to sexual misconduct in cases where:

  1. There is an allegation or proof of a claim of sexual misconduct by the insured; and

  2. The policy requires aggregation of all damages under the liability limit for sexualmisconduct.

  1. Any policy provision that violates subsection (1) of this section is hereby declaredcontrary to public policy and is void and unenforceable.

  2. This section shall not apply to nonadmitted insurers approved pursuant to article 5 ofthis title.

Source: L. 95: Entire section added, p. 865, § 1, effective May 24.


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