Credit: Dragonstock/Adobe Stock Secondary Evidence of Missing Insurance Policies for Child Victims and Adult Survivors Act Claims
The Child Victims and Adult Survivors Acts have given rise to a large body of cases now slowly working their way through the courts in connection with which defendants must look back in time to find insurance policies issued decades ago. Many of the relevant policies are now lost.
May 10, 2024 at 10:00 AM
10 minute read
In 2019, the New York State Legislature passed the Child Victims Act (CVA), and in 2022, it passed the Adult Survivors Act (ASA). 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.
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