New York State Extends the Child Victim’s Act (CVA) Lookback Window
A few weeks ago, we wrote about New York’s Child Victims Act (CVA) and its impact thus far on both insurers and organizations. One key item discussed was mounting public pressure on lawmakers from survivors and advocates to extend the one-year “lookback window,” set to expire on August 14, 2020. Due to the ongoing COVID-19 crisis, New York’s state court system is closed to any new civil case filings, including CVA lawsuits. On May 8, 2020, Governor Andrew Cuomo extended the lookback window another five months until January 14, 2021.
How does the extension affect businesses and organizations?
With the extension of the lookback window until January 14, 2021, victims now have an extra five months to file a claim. This extension has been praised by survivors, advocates and lawmakers. For businesses and organizations, the extension may lead to a prolonged period of time that the claim is held up in court once it has been filed. Note that at this time, there is still no date set for the reopening of New York state and the court system.
This extension does not include the time that it takes for the court to review the claim, schedule a hearing and decide if the claim warrants payment. This process can take months, and together with the lookback window extension, could mean a much longer settlement process for affected businesses and organizations. Businesses should prepare and adjust for a delay in settling any existing or anticipated child sexual abuse lawsuits.
Also note that Senator Brad Hoylman and Assemblymember Linda Rosenthal have sponsored S7082/A9036 which would extend the lookback window by a full year. We will continue to keep an eye on this story for any new developments. Additionally, you can read our other blog posts related to the CVA:
- New York’s State’s Child Victims Act (CVA) and Its Impact on Insurance Claims
- New York Child Victims Act (CVA) – Consequences for Insurance Cost & Availability
For more information on New York state’s ‘Child Victims’ Act, please contact the team at Rose & Kiernan, Inc. here or by calling 800-242-2433.