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Brian R. Biggie Quoted in "Policyholders See Gain in NY Diocese Loss Over Deductibles," Law360 May 9, 2013

Brian R. Biggie, special counsel in Goldberg Segalla’s Global Insurance Services Practice Group, provided analysis for a Law360 Insurance report on the New York Court of Appeals ruling in a coverage dispute between the Roman Catholic Diocese of Brooklyn and its insurer. The court ruled in a plurality decision that a priest’s repeated sexual abuse of a minor counted as multiple occurrences under its insurance policies, which means the church must pay a $250,000 self-insured retention for each occurrence.

Brian noted that because insurers typically do not require self-insured retentions as significant as the diocese had, the decision that there were multiple occurrences is potentially beneficial for many policyholders, especially in coverage cases involving any kind of assault. “This decision might open the opportunity for insureds to argue there's more than one occurrence here and increase the overall exposure for the insurer, beyond the context of sexual assault,” he said. Brian noted that because “there’s no single voice coming from the Court of Appeals regarding these issues, the question is what will the courts do. … At this point in time, that's difficult to predict.”

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