Insurance Coverage Issues Under the Trafficking Victims Protection Reauthorization Act
Navigating the Insurer's Duty to Defend and Indemnify for Allegations of Enabling or Profiting From Sex Trafficking
A live 90-minute CLE video webinar with interactive Q&A
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).
Outline
- Introduction
- The Trafficking Victims Protection Act
- Beneficiary liability actions against hotels under §1595(a)
- Statute of limitations
- Intersection with state law
- Insurance
- Triggers
- Policies lost or misplaced
- Multiple occurrences over multiple policy periods
- Policies may have sub-limits that apply in certain circumstances
- Policies with widely different exclusions for avoidance of sexual torts
- Policy limit demands when there may be multiple competing claimants
- Coverage issues under specific policies
- Coverage under management liability policies
- Discrimination (TPD) liability
- Commercial general liability policies
- Exclusions
- Triggers
- Moral hazard
- Recent cases
- Samsung Fire & Marine Insurance Co. Ltd. v. RI Settlement Trust (Pa.)
- Peerless, 424 F. Supp. 3d 182, 195 (D. Mass. 2019)
- Nautilus Ins. Co. v. Motel Mgmt. Servs. Inc. (Nautilus II), 781 F. App'x. 57 (3d Cir. 2019)
- Northfield Ins. Co. v. Northbrook Ind. Inc., No. 1:23-03596 (N.D. Ga. Sept. 17, 2024)
- Travelers Prop. Cas. Co. of Am. v. Salesforce.com Inc., No. 21-15862 (9th Cir. Sep. 25, 2024)
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?
Faculty
Tae Andrews
Senior Counsel
Calfee, Halter & Griswold
Mr. Andrews’ practice focuses on advising corporate policyholders on insurance coverage issues arising under... | Read More
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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Benjamin W. Massarsky
Partner
Miller Friel
Mr. Massarsky’s practice focuses on representing corporate policyholders in complex insurance disputes in federal... | Read More
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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Micah E. Skidmore
Partner
Haynes Boone
Mr. Skidmore represents policyholders in significant insurance coverage disputes involving a variety of claims from... | Read More
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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