Experience

• Roman Catholic Diocese of Brooklyn (New York). Anderson Kill represents the Diocese of Brooklyn in pursuit of defense and indemnity from its insurance companies in connection with hundreds of underlying lawsuits alleging negligent supervision of clergy and others alleged to have committed acts of child sexual abuse. One of its insurance companies seeks to avoid coverage on grounds that, among other things, the diocese “expected or intended” the abuse. On 3/31/23, the United States District Court for the Eastern District of New York granted the policyholder’s motion to stay the insurance company’s indemnity-based declaratory judgment claims, accepting the policyholder’s argument that the diocese’s alleged notice of each of the hundreds of instances of underlying abuse is key to the underlying actions, and, absent a stay, there is a risk of inconsistent factual determinations between the underlying actions and the coverage action. The court also agreed with the policyholder’s argument that the insurance company’s indemnity claims should be stayed because of the risk that any factual or legal determinations could impact the policyholder’s liability in the underlying actions.
• Temple Beth Shalom (New Jersey). The Temple filed suit in December 2021 in New Jersey Superior Court, Bergen County, against Franklin Mutual Insurance Company, seeking coverage for liability stemming from alleged sexual abuse. In May 2022, the court upheld the policyholder’s motion affirming a duty to defend and denied the insurance company’s motion to dismiss. In August 2022, the court rejected two motions from the insurance company and upheld two motions from the plaintiff, ruling that the insurance company had a duty to defend, had to pay defense costs and the plaintiff’s attorney’s fees, and had to pay those fees immediately. The insurance company moved repeatedly for appeal and was denied each time. The case is currently in discovery. Anderson Kill has recovered over $100,000 of its attorneys’ fees and the attorneys’ fees Temple incurred in the underlying case before FMI took over Temple’s defense on or about October 28, 2022.
• Township of Weehawken, New Jersey. The Township of Weehawken, seeking to tap historic insurance for coverage of a sex abuse claim against the school system dating back decades, filed suit against three insurance companies in June 2022 in New Jersey Superior Court, Hudson County, to obtain information on missing policies and obtain coverage.   The insurance companies have agreed to defend and the parties are discussing settlement.
• Warren County, New Jersey. Anderson Kill represents Warren County in litigation for coverage from Selective Insurance and Century Indemnity of a sex abuse claim against the County.  Several people have accused the County sheriff of sex abuse in 1978 and 1985-9.  Key issues were missing policies and whether the County acted with intent. We have filed for summary judgment on the duty to defend, and we defeated the insurance companies’ motion to dismiss.  The underlying abuse cases, save one, have been resolved in mediation. The County has resolved its dispute with the insurance companies as to the settled cases.
• Leonia Board of Education, New Jersey. Anderson Kill has filed suit on behalf of Leonia seeking insurance coverage for claims by sex abuse victims.  There are three underlying claimants, who alleged they were abused between 1967 and 1976.  The matter is currently in discovery and is ongoing.