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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Insurance

Date & Time
  • event Date

    Thursday, March 20, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

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

$297.00
CLE
ALL

This CLE webinar will discuss an insurer's duty to defend and indemnify its policyholder in connection with allegations of enabling or profiting from sex trafficking under the Trafficking Victims Protection Reauthorization Act (TVPRA).

Faculty

Micah E. Skidmore
Partner
Haynes & Boone LLP

Mr. Skidmore represents policyholders in significant insurance coverage disputes involving a variety of claims from commercial general liability, directors and officers liability, employment practices liability, and errors and omissions liability to first-party property claims, trade credit, and crime and fidelity claims. In addition to representing clients in general business litigation matters, he also regularly advises clients on the insurance implications of corporate transactions, including mergers and acquisitions; consults with brokers and policyholders in negotiations involving underwriting of directors and officers liability insurance policies and other sophisticated insurance products, including trade credit insurance; and counsels plaintiffs and policyholders in complex litigation on how to maximize insurance recovery for defense costs, settlements and judgments.

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Benjamin W. Massarsky
Partner
Miller Friel, PLLC

Mr. Massarsky’s practice focuses on representing corporate policyholders in complex insurance disputes in federal and state court. His experience extends to numerous types of insurance coverage, including commercial general liability, directors and officers, errors and omissions, political risk, and music tour non-appearance policies. Mr. Massarsky’s clients have spanned the manufacturing, real estate, technology, and entertainment sectors.

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Tae Andrews
Senior Counsel
Calfee, Halter & Griswold, LLP

Mr. Andrews’ practice focuses on advising corporate policyholders on insurance coverage issues arising under commercial general liability, directors and officers, professional liability/errors and omissions, excess, umbrella, and other types of policies. He has a track record of delivering successful results for clients with D&O, E&O, Property and General Liability Insurance claims. Mr. Andrews is a frequent author and lecturer on insurance coverage and recovery issues.

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Description

Since its original enactment and subsequent reauthorizations, hundreds of lawsuits under the TVPRA have been filed around the country. The number of new filings has steadily increased over the years often against, but by no means limited to, businesses in the hospitality, transportation, technology, sports and entertainment, supply chain, and international staffing industries.

These claims are notoriously expensive to defend, require a high degree of skill, and often involve sympathetic plaintiffs, dramatic allegations, expansive "ventures" in the United States and abroad, complicated facts, difficult evidentiary issues, unresolved legal questions, unlimited damages, and attorneys' fees awards.

Whether existing policies will respond to sexual tort cases and cases under the TVPRA is a complex and confusing issue. Numerous exclusions in multiple policies have to be navigated. More recently some insurers have sought to deny coverage on public policy grounds, and many seek declaratory judgment in an effort to prevent coverage.

Listen as this experienced panel offers guidance for understanding what overage might exist under different types of policies, the unique coverage issues that arise, and strategies and best practices for navigating a resolution.

Outline

  1. Introduction to TVPRA
    1. Evolution through reauthorization and current status
      1. Beneficiary liability
      2. Predicate Acts
    2. Comparable state legislation
    3. Significant TVPRA litigation & MDL
    4. Key legal developments, including Doe v. Apple, Inc.
  2. Insurance coverage for TVPRA claims
    1. Coverage grant
      1. Defense v. indemnity
      2. Types of coverage
        1. Bodily injury
        2. Personal & advertising injury
        3. E&O/EPL
      3. Trigger of coverage
        1. Number of occurrences
    2. Exclusions
      1. Expected or intended injury
      2. Abuse/molestation
      3. Assault/battery
  3. Insurability
    1. Public policy
    2. Samsung Fire & Marine Ins. Co. v. UFVS Mgmt. Co.

Benefits

The panel will review these and other key issues:

  • What kinds of policies offer coverage?
  • What are the most difficult exclusions to overcome?
  • What triggers coverage?