While coverage ultimately turns on the specific facts and allegations, the policy language, and applicable state law, policyholders should be aware of key considerations and best practices to maximize coverage in sexual abuse cases. (Photo: Bigstock)
New York recently enacted the Child Victims Act, extending the limitations period to age 55 for victims to bring claims of childhood sexual abuse against their abusers, as well as institutions.
Child sex abuse survivors — regardless of age — have one year from Aug. 14, 2019, to bring civil claims in New York. Hundreds of lawsuits have already been filed against major institutions such as the Catholic Church and the Boy Scouts of America. The lawsuits allege that the institutions negligently hired, retained, and/or supervised alleged abusers.
Insurance coverage disputes are sure to follow this wave of sex abuse lawsuits, as demonstrated by the fact that several institutions have already filed lawsuits against insurers seeking coverage and payment of defense costs in sexual abuse lawsuits.
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