Joshua L. Blosveren, left, and Bradley J. Nash, right, of Hoguet Newman Regal & Kenney. Courtesy photos Introduction
In an insurance coverage action currently pending in New York state court styled Century Indemnity v. The Archdiocese of N.Y., 2023 N.Y. Slip Op. 34420 (N.Y. Sup. Ct. 2023), the trial court granted the policyholders' motion to dismiss, holding, in part, that the Chubb insurers improperly had attempted to shift the burden of proof as to whether the policyholders "expected or intended" the sexual abuse alleged in more than 1,000 underlying Child Victims Act suits to the policyholder. Earlier this year, the Appellate Division, First Department largely reinstated Chubb's complaint without addressing the "expected or intended" defense. Century Indemnity v. The Archdiocese of New York, 226 A.D.3d 557 (1st Dep't 2024).Don't Allow Insurers to Weaken the Standard Applicable to the 'Expected or Intended' Coverage Defense
"In determining whether an organization's potential liability for an employee's sexual misconduct is covered, the relevant question is whether the harm was expected or intended from the organization's standpoint," write Joshua L. Blosveren and Bradley J. Nash.
July 26, 2024 at 10:00 AM
11 minute read
Joshua L. Blosveren, left, and Bradley J. Nash, right, of Hoguet Newman Regal & Kenney. Courtesy photos
Introduction
In an insurance coverage action currently pending in New York state court styled Century Indemnity v. The Archdiocese of N.Y., 2023 N.Y. Slip Op. 34420 (N.Y. Sup. Ct. 2023), the trial court granted the policyholders' motion to dismiss, holding, in part, that the Chubb insurers improperly had attempted to shift the burden of proof as to whether the policyholders "expected or intended" the sexual abuse alleged in more than 1,000 underlying Child Victims Act suits to the policyholder. Earlier this year, the Appellate Division, First Department largely reinstated Chubb's complaint without addressing the "expected or intended" defense. Century Indemnity v. The Archdiocese of New York, 226 A.D.3d 557 (1st Dep't 2024).
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