New York State Representative Michael Lawler has criticized Governor Kathy Hochul for not compelling insurance companies to handle claims from numerous sexual assault victims who have filed lawsuits under the Child Victims Act.
“The Child Victims Act was enacted nearly seven years ago to provide a path to justice for many who have suffered in silence for years. Yet, survivors are now confronted with two significant setbacks,” Lawler stated.
He added that these issues represent an “unauthorized failure” in management and call for urgent attention.
This legislation allowed victims of sexual abuse to sue their abusers, even if those abusers were minors at the time of the abuse. Survivors can pursue criminal charges until they reach civil litigation by the ages of 28 and 55.
For one year, victims were granted the opportunity to file lawsuits, regardless of the circumstances surrounding their cases.
Insurance companies, including those serving institutions like the Catholic Church, hospitals, and schools, have reportedly been denying claims, often resorting to narrow legal arguments to challenge the validity of decades of reported abuse.
According to the Union for Fair and Compassionate Compensation, many cases are stalled because the defendants’ insurance providers refuse to pay claims on their behalf.
Lawler emphasized that rather than addressing these issues, the Hochul administration has “refused” to enforce certain provisions of the Child Victims Act, allowing insurance firms to evade accountability.
Additionally, Lawler argued that the state government is unable to effectively address the disparities between private and public facilities in cases of sexual abuse.
He expressed concern that while victims in private settings can bring forth claims, those abused in state-operated institutions are left without legal recourse.
He asserted, “Your failure is systematic and has worsened with time.”
Lawler urged Hochul to enforce the Child Victims Act and initiate negotiations with insurance companies to amend claim standards retroactively for victims throughout New York.
He insisted that the governor must ensure equal justice for all survivors, regardless of whether the abuse took place in public or private settings.
“We cannot treat justice as a choice. Promises made to survivors cannot be conditional, nor can insurance companies have an option to shirk their responsibilities,” he remarked.
A recent advertising initiative has also pressured Hochul to compel insurance companies to address claims from sexual assault survivors. This campaign was funded by the Union for Fair and Compassionate Compensation, which includes the Catholic Church among its members.
The abuse scandal has proven especially costly for the Catholic Church, as Cardinal Timothy Dolan mentioned last year that job cuts within the Archdiocese of New York were essential to manage the financial fallout from long-standing abuse allegations.
In response, Hochul’s office defended how her administration manages child sexual abuse cases, framing Lawler’s assertions as distractions from his own record. The office emphasized that Hochul has actively worked to support survivors, notably through the signing of the Adult Survivors Act in 2022.
They noted that the courts are handling complex cases and that New York is committed to holding accountable all parties involved in these matters. The State Department is currently observing ongoing legal proceedings to clarify key questions surrounding insurance companies’ contractual liabilities related to sexual abuse cases.
