You are exhausted after a 24-hour labor, performing hip squeezes and counter-pressure. Two weeks later, you are served with a civil lawsuit from the father, alleging “inappropriate sexual touching” during a counter-pressure maneuver. You call your insurance agent in a panic, only to hear the terrifying sound of pages turning as they look for the “Abuse and Molestation” exclusion.
Key Takeaways
- The “Silent” Exclusion: Most General Liability policies automatically exclude any claim involving sexual misconduct, abuse, or molestation.
- Defense vs. Indemnity: You aren’t looking for a payout for the accuser; you need “Defense Costs” to prove your innocence. If the exclusion is total, you pay the lawyer yourself.
- Sub-limits are Low: Even policies that cover this often cap it at $25,000 or $50,000. In 2026 legal rates, that buys you about three weeks of a defense attorney’s time.
- Civil vs. Criminal: Insurance never covers criminal defense. If police are involved, that’s on you. This covers the civil lawsuit for money.
The “Why” (The Trap): The Abuse & Molestation Exclusion
I’ve seen this destroy careers. Insurance carriers differ wildly on how they handle “sexual misconduct.”
Standard business policies contain a broad “Abuse or Molestation Exclusion.” This means if any allegation of sexual impropriety is made—even a false one used as a tactic to get a refund or leverage—the carrier can deny the entire claim. They don’t have to defend you because the type of claim is excluded. You need a policy that provides “Defense Reimbursement” specifically for these allegations.
[IMAGE: Screenshot of a policy ‘Exclusions’ page with ‘Sexual Misconduct/Abuse’ highlighted in red]
The Investigation: Who Actually Defends You?
I ran a comparison of the specific misconduct clauses in the top three doula/midwife policies available in 2026.
1. CM&F Group (MedPro)
- My Analysis: They typically include a specific sub-limit for “Sexual Misconduct Defense.”
- The Limit: usually around $25,000 to $50,000.
- The Catch: They will pay for the lawyer to defend you. However, if you are found guilty (adjudicated), they might ask for the money back. If you are innocent, they cover the legal bill up to the limit.
2. HPSO
- My Analysis: Similar structure. They provide “Defense Expenses” for proceedings involving sexual misconduct.
- The Limit: often $25,000 aggregate.
- The Catch: This is often a “reimbursement” model. You might have to hire the lawyer, pay them, and get paid back later. Check the wording carefully.
3. General Liability (The “Budget” Option)
- My Analysis: I checked a standard Hiscox small business policy.
- The Verdict: Total exclusion. If the word “sexual” appears in the complaint, they walk away. You are 100% exposed.
Comparison Table: Defense Coverage Limits
| Carrier | Abuse Defense Coverage? | Limit (2026 Est.) | Type of Coverage |
| CM&F Group | Yes | $25k – $50k | Defense Expense |
| HPSO | Yes | $25k | Reimbursement |
| Standard GL | No | $0 | N/A |
Step-by-Step Action Plan
- Check Your Sub-limit: Open your policy now. Look for “Sexual Misconduct” or “Abuse Defense.” If it says “Excluded” or isn’t listed, call your broker.
- Define Boundaries in Contract: Your contract must explicitly state: “Doula utilizes physical touch for comfort measures (hip squeeze, massage). Client consents to this touch.”
- The “Third Person” Rule: Never be alone in a room with a client’s partner if things feel tense. In 2026, many doulas wear body cams or record audio (with consent) during sensitive consults, though this is rare in birth.
- Report Immediately: If a client or partner makes even a joking comment about “inappropriate touch,” report it to your insurer as a potential incident.
FAQ Section
Does this cover me if I am actually guilty?
No. Insurance never covers intentional illegal acts. If a court finds you guilty, coverage stops and you may owe back legal fees.
Why is the limit so low ($25k)?
Insurers know these claims are high-risk and hard to disprove. They give you enough for a basic defense, but they won’t bet the farm on it.
Can I buy extra coverage for this?
Yes. Some carriers offer “Abuse and Molestation Buy-back” riders that increase the limit to $100k or $1M. It costs extra but is worth it for agencies.