The New York State Legislature passed the Child Victims Act (CVA) in 2019, followed by the Adult Survivors Act (ASA) in 2022. Each statute created a "look back" period within which victims of sex abuse could bring previously time-barred claims against both (1) their abusers and (2) institutions legally responsible under various theories of secondary liability, including negligence in hiring, retaining and supervising the abuser. Thousands of CVA and ASA lawsuits have since been instituted, and—consistent with the statutes' purposes—most of those lawsuits deal with abuse allegedly committed many years ago.

Responding to CVA and ASA claims requires the utmost care and sensitivity, so that past abuses can be meaningfully redressed and so that victims can achieve a measure of closure. The defense and resolution of an abuse case can also be a very expensive process. There have been multi-million-dollar awards, and the cost of litigating can by itself be quite substantial. Institutional defendants therefore must look for insurance coverage to meet these costs. Indeed, because many CVA defendants are charitable institutions with finite means, insurance coverage can be essential in order for victims of abuse to have a chance at a significant monetary recovery and in order for socially valuable charitable institutions to avoid bankruptcy.