What it does
BP 16 39 is one of ISO's abuse and molestation endorsements for the BOP. ISO describes the family as addressing liability for damages arising out of abuse or molestation of persons; this "broad" version excludes that liability under Section II. The older BP 04 39 Abuse or Molestation Exclusion (07 02) remains in forms lists, and Texas uses its own version.
Related coverage options
ISO also offers a narrower Sexual Abuse or Sexual Molestation Exclusion (BP 16 40) and coverage-granting endorsements: Sexual Abuse or Sexual Molestation Liability Coverage (BP 16 41), versions covering abuse committed by the insured, claims-made versions, and a supplemental extended reporting period endorsement.
Who needs it
Carriers attach exclusions to classes with supervision or physical-contact exposures. Agents should look for it on accounts that serve children, the elderly or patients.
Quoting and selling notes
- Ask about background checks, two-adult rules and training; underwriters may then offer the coverage endorsements instead of the broad exclusion.
- Explain that the broad exclusion can reach negligent hiring or supervision claims, not only the abuser's acts.
Related forms
BP 16 40; BP 16 41; BP 21 01.
