What it does
CU 34 44 excludes umbrella coverage for injury arising out of abuse or molestation as broadly defined in the endorsement. ISO introduced it with a 09 22 edition in filing CU-2021-OAMFR, when CU 21 12 was withdrawn. CU 34 46 is a version with a limited following-form exception for coverage provided by the underlying insurance.
Who needs it
Applied to accounts with care, custody or supervision of children, patients, students or vulnerable adults: schools, daycares, camps, youth sports, churches, healthcare, social services, and many habitational risks.
How it fits the umbrella
The umbrella has its own exclusions that apply whether or not the underlying policies cover the claim, and many ISO umbrella exclusion endorsements mirror a CGL or auto exclusion so that the umbrella does not drop down where the underlying is excluded. When an underlying policy carries an exclusion, check that the umbrella carries the matching CU endorsement, or explain the gap if it does not.
Quoting and selling notes
- Ask whether the underlying CGL has an abuse exclusion or a sublimited abuse coverage, and whether CU 04 44 can follow it.
- Look for a specialty abuse and molestation policy if the umbrella excludes it.
