Hurwitz Fine Insurance Coverage Senior Member Dan D. Kohane co-authored the article “Window Opening Statutes: Child Victims Act Claims and the Quest for Lost Policies” in the Winter 2024 issue of The Brief, the American Bar Association (ABA)’s Tort Trial and Insurance Practice (TIPS) magazine.
Whether it be Child Victims Act claims (which have, in the past years, revived and “opened the windows” for lawsuits that would have long since expired due to the statute of limitations), asbestos lawsuits, lead paint or other “long tail” litigation, insurance carriers are being asked to defend policyholders who are being sued for conduct that is alleged to have caused injuries decades ago. Finding insurance policies that may have been in effect 20, 30, 40, or even, 50 years ago is often challenging for both the policyholders and the insurers. This article discusses those challenges and examines how courts have considered the use of secondary and tertiary evidence to recreate long-lost policies.
To read the full article, click here.
