• videocam Live Webinar with Live Q&A
  • calendar_month November 3, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Insurance
  • schedule 90 minutes

Insurance Coverage Issues in Sexual Abuse Claims: Defending Claims and Indemnifying Victims

About the Course

Introduction

This CLE webinar will discuss the existence of insurance coverage for defending claims and indemnifying victims of sexual abuse and harassment under all different types liability insurance policies, including CGL, EPL, D&O and SML; insurer defenses to coverage; specific coverage issues that typically arise; guidance for locating historic policy documents; and tips for how to work with insurers to most effectively access available insurance proceeds. 

Description

Insurance policy proceeds are often the primary source of funding for defending allegations of sexual abuse and compensating victims, so both plaintiffs and defendants have a vested interest in finding and accessing all available coverage.

Businesses will frequently turn to their CGL, D&O, or EPL policies. In some instances, businesses will purchase SML policies that are specifically designed to cover these risks. Notwithstanding, insurance companies may raise any number of coverage defenses. Regardless of the situation, coverage turns on the specific facts of the incident and the express policy language. It can be necessary to locate or reconstruct historic insurance policies that could provide coverage. Where coverage may be applicable, counsel need to address issues such as retroactive dates, proper notice, crisis management, evidence of "missing policies," "expected or intended" harm, whether limits apply “per victim”, issues of relatedness, the number of claims and/or occurrences, allocation across multiple policies, which injuries are covered, and more.

Listen as this experienced panel of insurance coverage attorneys discusses finding insurance coverage for defending claims and indemnifying victims of sexual abuse.


Presented By

Judy M. Fisher
Partner
Kaufman, Borgeest & Ryan, LLP

Ms. Fisher is involved on behalf of insurers in all aspects of insurance coverage matters, including analysis of complex issues arising out of Employment Practices Liability, Directors and Officers Liability, Sexual Abuse & Molestation Liability and Professional Liability claims. She advises insurers regarding liabilities faced by employers and underwriting considerations relevant to insuring those liabilities. Ms. Fisher has authored comprehensive EPL and SML policies (both primary and excess) for all different types of employers (uniquely tailored on an industry specific basis) and for organizations that are especially at risk (including healthcare providers, educational and religious institutions and school bus companies). She understands the plethora of coverage triggers, the underwriting concerns, how these types of policies operate vis-à-vis other coverages and the significant liabilities/exposures these claims can present.

Marshall Gilinsky
Shareholder
Anderson Kill

Mr. Gilinsky is an experienced commercial litigator who applies his complex analysis skills with extensive experience in insurance coverage analysis and litigation and dispute resolution. His insurance coverage practice is focused on property insurance, commercial general liability insurance, directors' and officers' (D&O) insurance, captive insurance and reinsurance issues.

Brian Della Torre
President
Insurance Archaeology Group

Over the past 20 years, Mr. Torre has led research projects on behalf of clients in a broad range of industries and conducted document rows at manufacturing facilities, records storage centers, law firms and courts across the country. His corporate experience has included research of target companies’ insurance programs as a critical part of due diligence in mergers and acquisitions. Mr. Torre has brought his extensive expertise in corporate research to assist non-profits, universities, hospitals, churches and other religious organizations in reconstructing their past insurance programs. He has successfully conducted hundreds of onsite document reviews at churches, schools, missions, offices, archives and retreat centers. Mr. Torre earned his RA in political science from American University. He received his M.A. in early modem political philosophy at the University of Chicago, researching the work of Machiavelli. Mr. Torre first put his education to use on Capitol Hill where he worked for the House of Representatives’ Education and The Workforce Committee.


Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, November 3, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Rise in claims of harassment, abuse, and molestation

II. The highly sensitive nature of these important claims

III. Changes regarding statutes of limitations

IV. Types of policies where coverage may exist

V. Insurance archaeology: best practices for locating missing policies or secondary evidence

VI. Potential for spoliation sanctions based on purging of insurance policy evidence

VII. Trigger of coverage across multiple policy years

VIII. Allocation and damages spanning multiple policy years

IX. Expected and intended defense (severability of interest as to perpetrator and organization)

X. Timely notice to the insurance company

XI. Claims handling strategies

XII. Working well with your insurance company in defending and resolving abuse claims, thereby mitigating potentially catastrophic loss

The panel will review these and other key issues:

  • The coverage available under CGL and other liability policies
  • Finding "missing policies" and winning insurance company games of cat and mouse over searches for evidence in their files
  • Working well with your insurance company in defending and resolving abuse claims