9 May 2018Insurance

Weinstein fights Chubb in court

Film producer Harvey Weinstein is fighting back against Chubb, demanding that the personal indemnity insurer must pay for his legal defense against 11 lawsuits that accuse him of sexually harassing or assaulting women over the past three decades, according to a Reuters May 8 report.

Lawyers for Weinstein, in a countersuit against Chubb, which is refusing to pay for Weinstein’s defense against the cases, said that Weinstein has paid a group of Chubb insurers more than $1 million dollars in premiums for coverage designed to protect against “a wide variety of liability claims,” according to a court document filed on May 7.

“Moreover, they promised to perform their defense obligations even if allegations against Mr. Weinstein proved to be groundless, false or fraudulent,” the Weinstein lawyers said in the document.

In February, Chubb sued Weinstein and asked New York State Supreme Court to issue a judgement declaring that the policies’ terms exclude defending charges in the lawsuits, specifically sexual assault, discrimination and intentional acts, according to Reuters.

The co-founder of the Miramax studio and The Weinstein Company was accused by more than 70 women of sexual misconduct, including assault. He denies having non-consensual sex with anyone.

Units of Chubb have together issued 80 policies to Weinstein and his family between 1994 and 2018, including coverage for personal liability, Chubb reportedly said in its February suit.

That would normally cover legal costs to defend against claims of damage or injury caused accidentally, but the insurer said Weinstein’s conduct was intentional.

The policies include millions of dollars in “broad liability coverage,” $300,000 of “crisis assistance” coverage, and unlimited coverage for Weinstein’s legal defense, Weinstein’s lawyers said in the countersuit.

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More on this story

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8 May 2018   The New York State Department of Financial Services (DFS) has fined Chubb and Lockton a combined $8.3 million for underwriting an NRA- (National Rifle Association) branded insurance programme.
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1 June 2018   Insurer Chubb has strengthened its energy industry practice with two new leadership appointments for the mid and large market segments.
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25 September 2018   AXIS Surplus Insurance, a subsidiary of AXIS Capital, will go to court to argue it does not have to cover the defence costs of filmmaker Harvey Weinstein in connection with pending civil and criminal litigation, which includes two rape charges, under a directors and officers policy.