Sexual Abuse & Insurance

Gain an understanding of how to locate and leverage historic insurance policies to respond to sexual abuse claims, navigate complex coverage issues, and develop effective strategies for pursuing recovery when insurers deny valid claims.

Every institution that had children in its care in the past is now subject to the threat of sex abuse claims due to statutory “look back” windows.  These statutory “look back” windows permit victims of abuse to bring claims that were otherwise time-barred.  These claims of abuse based on the acts of employees are covered by old general liability policies. This seminar will teach you how to access your old insurance policies and make claims under them.  In addition, this seminar will address different types of coverages that may respond to claims of abuse and the nuances associated with each type of coverage.

Sex abuse insurance coverage claims involve complex issues of missing policies, allocation, number of occurrences, intentional conduct, and vicarious liability. This seminar will address these issues. It will discuss where to look for old policies and how to make use of insurance archaeology. It will examine emerging case law on each of the key issues, and the current state of the law. The presenters will walk through the various stages of making a claim successfully. Finally, it will focus on litigation strategies should an insurance company refuse to pay, particularly from the standpoint of institutions.

Learning Objectives

By the end of this webinar, you’ll gain a solid foundation in:

  • How to locate old policies

  • Understanding allocation law

  • Coping with common insurance company defenses

  • How to make an insurance claim

  • Develop strategies for pursuing coverage

TAKE IT NOW

Available now to West LegalEdcenter subscribers. Don't subscribe? Don't despair. Use code HB20 for 20% off. Or, HBSub20 for 20% off a full solo subscription. While supplies last.

Speakers

Marshall Gilinsky
Marshall GilinskyShareholder | Anderson Kill, Boston
Marshall Gilinsky is a shareholder in Anderson Kill’s Boston office and co-chair of the firm’s Sexual Harassment and Abuse Insurance Recovery and Sports, Media & Entertainment Groups. With over 20 years of experience representing policyholders, he has recovered hundreds of millions of dollars in high-stakes insurance claims, including those stemming from 9/11, Hurricane Katrina, and Superstorm Sandy. Marshall focuses on property, business interruption, D&O, E&O, and captive insurance disputes. A frequent writer and speaker on insurance issues, he’s been quoted in The New York Times, The Wall Street Journal, CNN, and Business Insurance.
John Lacey
John LaceyAssociate | Anderson Kill
John Lacey is an attorney in Anderson Kill’s Newark office and a member of the firm’s Insurance Recovery and Corporate & Commercial Practice groups. He represents individual and corporate policyholders in a broad range of coverage disputes, including first-party property damage, business interruption, trade credit, cybercrime, professional liability, D&O, IP, environmental, and general liability claims—particularly those involving alleged abuse, emotional distress, and personal injury. John routinely appears in state and federal courts nationwide. He earned his J.D. from Seton Hall University School of Law and his B.A. from Marist College (Lorenzo De’ Medici Institute, Florence, Italy).
Brian Della Torre
Brian Della TorrePresident | IAG
For over 20 years, Brian Della Torre has led research projects across industries, conducting document reviews at manufacturing sites, records centers, law firms, and courts nationwide. He has supported corporate due diligence by investigating insurance programs in mergers and acquisitions, and helped nonprofits, universities, hospitals, churches, and religious organizations reconstruct historic insurance coverage. Brian has completed hundreds of onsite reviews at churches, schools, missions, archives, and retreat centers. He earned his B.A. in political science from American University and an M.A. in early modern political philosophy from the University of Chicago, where he focused on Machiavelli. He began his career on Capitol Hill with the House Committee on Education and the Workforce.