Plaintiff was a woman in her 20’s who sought treatment from a therapist for a mild depression. The therapist learned that she had suffered severe physical and emotional abuse as a child and the plaintiff alleged that he used that information to engage in a sexual relationship with her.
The therapist admitted that the sexual relationship occurred; however, his insurance company, like every medical malpractice insurance company, took the position that sexual exclusions within the policy either eliminated any responsibility for the insurance company or limited its damages to a $25,000 “sex cap.” There was only a $25,000 offer when the law offices of Winer, McKenna, Burritt & Tillis LLP, was associated in on the case.
The law firm was able to establish that there were significant negligent actions in addition to the sexual abuse and that the negligent actions should be covered by insurance under California law, even though the insurance policies attempted to exclude this coverage.
RESULT: $300,000 settlement on behalf of plaintiff