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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

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, March 20, 2025

Recorded event now available

or call 1-800-926-7926

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).

Description

Since its original enactment and subsequent reauthorizations, hundreds of lawsuits under the TVPRA have been filed around the country. The number of new filings has steadily increased over the years often against, but by no means limited to, businesses in the hospitality, transportation, technology, sports and entertainment, supply chain, and international staffing industries.

These claims are notoriously expensive to defend, require a high degree of skill, and often involve sympathetic plaintiffs, dramatic allegations, expansive "ventures" in the United States and abroad, complicated facts, difficult evidentiary issues, unresolved legal questions, unlimited damages, and attorneys' fees awards.

Whether existing policies will respond to sexual tort cases and cases under the TVPRA is a complex and confusing issue. Numerous exclusions in multiple policies have to be navigated. More recently some insurers have sought to deny coverage on public policy grounds, and many seek declaratory judgment in an effort to prevent coverage.

Listen as this experienced panel offers guidance for understanding what overage might exist under different types of policies, the unique coverage issues that arise, and strategies and best practices for navigating a resolution.

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Outline

  1. Introduction to TVPRA
    1. Evolution through reauthorization and current status
      1. Beneficiary liability
      2. Predicate Acts
    2. Comparable state legislation
    3. Significant TVPRA litigation & MDL
    4. Key legal developments, including Doe v. Apple, Inc.
  2. Insurance coverage for TVPRA claims
    1. Coverage grant
      1. Defense v. indemnity
      2. Types of coverage
        1. Bodily injury
        2. Personal & advertising injury
        3. E&O/EPL
      3. Trigger of coverage
        1. Number of occurrences
    2. Exclusions
      1. Expected or intended injury
      2. Abuse/molestation
      3. Assault/battery
  3. Insurability
    1. Public policy
    2. Samsung Fire & Marine Ins. Co. v. UFVS Mgmt. Co.

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

Andrews, Tae
Tae Andrews

Senior Counsel
Calfee, Halter & Griswold

Mr. Andrews’ practice focuses on advising corporate policyholders on insurance coverage issues arising under...  |  Read More

Massarsky, Benjamin
Benjamin W. Massarsky

Partner
Miller Friel

Mr. Massarsky’s practice focuses on representing corporate policyholders in complex insurance disputes in federal...  |  Read More

Skidmore, Micah
Micah E. Skidmore

Partner
Haynes Boone

Mr. Skidmore represents policyholders in significant insurance coverage disputes involving a variety of claims from...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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