Section 158-C - Limitation on immunity of charitable organizations1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Charitable organization" has the same meaning as in section 158-B, subsection 3. [2023, c. 351, §2(NEW).]B. "Minor" means an individual who has not attained 18 years of age. [2023, c. 351, §2(NEW).]C. "Sexual assault or sexual exploitation of a minor" means any crime described in Title 17-A, chapters 11 or 12 against a minor. [2023, c. 351, §2(NEW).] [2023, c. 351, §2(NEW).]
2.Recoverable damages. Notwithstanding section 158, the amount of any insurance coverage specified in any policy issued to a charitable organization does not limit the amount of damages recoverable for any torts described in subsection 3. [2023, c. 351, §2(NEW).]
3.Immunity not available for sexual assault or sexual exploitation of a minor. Notwithstanding any provision of law to the contrary, a charitable organization is not immune from liability for any tort alleging negligent hiring, supervision or retention of an employee, agent or servant that arises out of sexual assault or sexual exploitation of a minor. [2023, c. 351, §2(NEW).]
4.Immunity not available for intentional torts. A charitable organization is not immune from liability for intentional torts. [2023, c. 351, §2(NEW).]
Added by 2023SP1, c. 351,§ 2, eff. 10/25/2023, app. to any civil action or proceeding that is pending as of the effective date of this Act and applies retroactively to any tort described in Title 14, section 158-C that occurred prior to the effective date of this Act.