Child Victims Act and Sexual Misconduct Coverage and Defense
Hurwitz & Fine, P.C. has a team led by highly experienced attorneys in sexual misconduct matters with respect to both coverage and defense matters.
Our coverage team is recognized nationally for its expertise and cutting-edge capabilities. As the Child Victims Act (CVA) has revived claims dating back to 1964, examination of coverage issues will require creativity and persistence. Our team ably applies well established coverage principles to this new statute, while addressing its particular requirements and challenges. Dan D. Kohane heads the coverage arm of our team. In addition to his coverage practice, he regularly speaks, writes and presents on coverage issues. He has served as an expert witness internationally and also serves as Adjunct Faculty at the SUNY Buffalo School of Law where he teaches Insurance Law. Dan has made several presentations on the special coverage issues that pertain to this new statute, including to the New York State Bar Association, New York Insurance Association and Property Loss Resource Bureau (PLRB). In addition, Lee S. Siegel and Brian D. Barnas, members of the Coverage Team, are part of this practice group.
Our defense team also brings uniquely broad experience to this area. Our team’s experience includes the defense of schools and school districts from kindergarten through university, residential facilities, health care facilities, nursing homes, day care facilities, religious organizations, youth organizations, and camps, as well as allegations arising in the context of employment.
We investigate these matters, collaborate with in-house counsel, utilize insight already gathered and do not “re-invent the wheel.” Our team is sensitive to simultaneous criminal investigations and coordinates civil efforts to work with the District Attorney’s office as necessary and appropriate. Practice group team leader Andrea Schillaci has worked on sexual misconduct cases for 30 years. She handles these matters in a confidential and targeted manner, bringing sensitivity and experience to bring them to resolution. She is a zealous advocate for her clients. Jody E. Briandi, likewise, has considerable experience representing schools and school districts in abuse and misconduct cases. V. Christopher Potenza is a seasoned litigator, having obtained defense verdicts across NYS on various complex matters. Anastasia M. McCarthy is also a member of the team who brings insight, experience, and creativity to the defense of these matters.
Hurwitz & Fine P.C. also has extensive experience in employment law matters and regularly defends employers in state and federal courts. The firm is experienced in representing companies, executives and supervisory employees in the full range of matters involving claims of inappropriate behavior. We regularly conduct investigations of allegations of misconduct. We have represented clients in highly sensitive claims of sexual abuse including claims of lack of supervision, negligence, civil rights violations, abuse/harassment, retaliation, discrimination, the Fair Labor Standards Act, employment matters and in EEOC/NYS Human Rights administrative actions and federal/state district court litigation resulting from employment actions. We are also highly experienced in developing policies and procedures which aid in prospective risk management endeavors. Hurwitz & Fine, P.C. has a long history representing professionals in a wide variety of settings, including those where youth, the elderly, and other vulnerable individuals may be victims of sexual or other misconduct. We also provide training on sexual harassment and the CVA.
Our team brings a broad experience to these matters and recognizes the need for sensitivity, discretion, and confidentiality that is unique to and often lacking in the handling of such matters.
Hurwitz & Fine recently spearheaded the Child Victims Act “50 State Compendium” in partnership with The Harmonie Group. Lead by Andrea Schillaci, the compendium answers the following questions for each state across the US:
- What is the statute of limitations for civil sexual assault cases?
- Has your state adopted legislation expanding the statute of limitations within which child victims of sexual abuse may bring an action? If so, (a) please provide a summary of the provisions and (b) the expiration date of the extended statute of limitations.
- Is there a cap on damages and, if so, what is it?
- Has your state enacted legislation to combat human trafficking? If so, please provide a summary of the statute.
To access the compendium, click here.
- 8/20/21: August CVA Case Summary
- 7/23/21: July CVA Case Summaries
- 7/09/21: Unable to Come to a Global Settlement, the Boy Scouts Settle Approximately 60,000 Claims With Claimant Attorneys and Local Councils
- 5/14/21: Adult Survivors Act Passes NYS Senate Judiciary Committee
- 4/14/21: March CVA Case Summar