Melville Child Victims Act and Sexual Misconduct Coverage and Defense

At Hurwitz Fine P.C., we understand the complex and sensitive nature of defending against claims of sexual misconduct, harassment, and abuse. Our National Child Victims Act and Sexual Misconduct Coverage and Defense Team, led by Michael J. Williams, is nationally recognized for its work in both defense and insurance coverage litigation.

Our team defends:

  • Youth-serving organizations
  • Schools from kindergarten through university
  • Religious institutions
  • Health care, day care, nursing home and residential facilities
  • Individuals accused of misconduct
  • Employers facing hostile work environment claims

Hurwitz Fine has a long history defending individuals and institutions, both public and private, against civil claims of abuse, assault, negligence/negligent supervision, and harassment. Hurwitz Fine’s practice evolved with modern legislation opening historic claims to litigation despite statutes of limitations barring claims, and offering institutions proactive advice to minimize their exposure should they be named as defendants.

With the passage of New York’s Child Victims Act (CVA), Hurwitz Fine became an industry leader in defending local and national entities against these historic claims. More than 10,000 claims were filed prior to the August 14, 2021, deadline, with some alleging abuses as far back as the 1940s.  This same law permits survivors to file until they reach the age of 55.

The CVA’s counterpart, the Adult Survivors Act (ASA) similarly enabled individuals who were sexually assaulted as adults to file claims against their assailants, even if the statute of limitations has already expired. The ASA’s one-year “lookback window” closed on November 23, 2023, after more than 3,700 claims were filed. Despite the closure, plaintiffs continue to initiate lawsuits against both institutional and individual defendants.

Plaintiffs have further brought claims under the Gender-Motivated Violence Act (GMVA), a New York City administrative code that was cyclically renewed until it expired without renewal on February 28, 2025. Under this code, Plaintiffs claimed an open-ended lookback window that effectively overruled New York State’s CVA and ASA statute of limitations for claims with no regard for the GMVA’s inherent limitations.

Regardless of the time limitations of the CVA and ASA, and the subject matter limitations of the GMVA, cases continue to be filed. Analogous statutes continue to be enacted in other venues and the modern trend is to eventually do away with the statutes of limitations entirely. At-risk institutions and individuals should carefully navigate these changes with proper training, strategic document retention and ensuring Hurwitz Fine can immediately act to defend your interests.

Our defense team brings a broad understanding and highly focused expertise to this difficult area of law.

  • Michael J. Williams leads the team and principally practices in New York and California. He represents secular national entities and regional religious organizations and has been recognized as an expert in sexual misconduct claim valuation. He is also experienced in insurance archaeology strategies, an emerging discipline dedicated to the search for historic insurance policies where the defendant organization lacks definitive proof of coverage.
  • Jody E. Briandi, Managing Partner, has spent her entire legal career representing schools and districts through every phase of litigation.
  • Andrea Schillaci brings over 30 years of sensitive, strategic experience handling sexual misconduct claims in a confidential matter.
  • V. Christopher Potenza is a seasoned trial lawyer with defense verdicts across New York State on complex matters.
  • Anastasia M. McCarthy adds insight and experience and has published numerous articles on the CVA and ASA.
  • Michelle M. Kulak, based in Albany, brings a decade of defense experience to the team.

No matter the allegations, we sensitively work with our clients to conduct a thorough investigation, coordinate with ongoing criminal proceedings or public relations needs, and develop the best strategy for case resolution, litigation and/or trial.

Our coverage team applies well-established coverage principles to modern statutory developments to reach cutting-edge results.  

  • Dan D. Kohane, with over 40 years of experience, is a national thought leader and adjunct professor of Insurance Law at SUNY Buffalo School of Law.
  • Lee S. Siegel and Evan D. Gestwick contribute advanced insight into emerging coverage issues and statutes across jurisdictions.

We apply longstanding insurance principles to modern claims, achieving innovative outcomes and providing reliable counsel to both insurers and insureds.

Hurwitz Fine spearheaded the Child Victims Act "50 State Compendium" in partnership with The Harmonie Group, helping stakeholders understand the national scope of this issue. To access the compendium, click here.

We also provide training and updates on current and pending legislation, including the CVA and ASA, and regularly conduct sexual harassment training for employers in line with New York State’s annual requirements. For information on these presentations, please visit Hurwitz Fine’s training opportunities. 

Hurwitz Fine is prepared to help you navigate challenging issues of sexual harassment and misconduct. Whether you need investigative services to respond to allegations, proactive training to prevent future issues, or experienced legal defense against existing claims, our team provides trusted guidance with sensitivity and discretion.

 

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