School district fails to establish comp exclusivity defense in sex abuse case - Business Insurance

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School district fails to establish comp exclusivity defense in sex abuse case - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers School district fails to establish comp exclusivity defense in sex abuse case by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Jul 9, 2026 A New York appeals court on Wednesday refused to dismiss claims arising from alleged sexual abuse against a public school district and school board on workers compensation exclusivity grounds because they failed to establish workers comp coverage during the relevant period. In Case No. 2025-08146 , the New York Supreme Court, Appellate Division, Second Department, considered an Adult Survivors Act lawsuit alleging that a former White Plains Public School District employee was sexually abused by the district’s then-superintendent during the employee’s tenure. The district and Board of Education of White Plains City School District argued that workers compensation was the employee’s exclusive remedy. The appeals court said they failed to establish that they maintained workers compensation insurance during the relevant period or that the employee received comp benefits for the alleged injuries. The court also noted that an affirmation addressing coverage was submitted by the board for the first time in reply. The panel nevertheless dismissed portions of negligence and negligent hiring, retention and supervision claims against the district based on conduct allegedly occurring before the employee disclosed the abuse. The court found the district established that it lacked actual or constructive notice of the alleged abuse before the disclosure and that the employee failed to raise a triable issue. Claims against the district based on alleged conduct after the disclosure survived because the employee raised a factual dispute over the district’s knowledge. The court also dismissed vicarious liability claims, a negligent infliction of emotional distress claim and a punitive damages demand against the board. 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