In short, the therapist must both encourage transference and discourage certain aspects of it. This may be difficult to do and presents an occupational risk. Indeed, many experts believe that it is not the sexual contact per se that harms the patient, but, rather, the erosion of boundaries and the consequent loss of the therapeutic help the patient needed when he or she sought treatment. Damages caused by sexual misconduct by psychotherapists are generally covered under standard malpractice insurance policies.
Transference provides the nexus between the professional services and the sexual contact.
Courts in other jurisdictions, faced with capped or excluded policies, have applied the theory of concurrent proximate cause to obtain coverage.