(1) No insurer, in a policy of professional malpractice insurance, shall attempt to nullify or limit its stated liability with regard to claims not relating to sexual misconduct in cases where:
- (a) There is an allegation or proof of a claim of sexual misconduct by the insured; and
- (b) The policy requires aggregation of all damages under the liability limit for sexual misconduct.
- (2) Any policy provision that violates subsection (1) of this section is hereby declared contrary to public policy and is void and unenforceable.
- (3) This section shall not apply to nonadmitted insurers approved pursuant to article 5 of this title.
Source: L. 95: Entire section added, p. 865, § 1, effective May 24.