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Weinstein claims bad-faith insurance against carrier

Movie producer Harvey Weinstein has become a leading perpetrator of the #metoo movement. He is accused of assaulting and sexually harassing more than 70 women over the course of 40 years, including such notable victims as actors Uma Thurman, Ashley Judd and Dominique Huett.

Now as his case goes to trial, Bloomberg reports that his lawyers say they want an eight-day trial in federal court on the issue of Chubb Indemnity Insurance Co. and other insurers’ refusal to pay Weinstein’s legal fees in 11 lawsuits in the U.S. and abroad. The company claims that their policies exclude sexual molestation.

Based in Zurich, Chubb has filed a counter suit against the former mogul, backing their claim that the company will not pay for his legal fees. Weinstein has denied the charges, claiming that these acts were consensual.

Weinstein wants insurance to cover legal defense

Weinstein’s legal team also points out that Weinstein’s Miramax studio has paid millions of dollars in insurance premiums for 80 policies that cover a wide range of liabilities between 1994 and 2018, including personal liability for both Weinstein and his family. The policies include broad liability and crisis assistance coverage. Weinstein’s legal team also claims that the insurers had initially promised that they would cover the costs if the charges were found to be false, fraudulent or groundless.

The issue at hand here is that the companies are drawing their own conclusions about case without proof that is necessary to substantiate their refusal of coverage. Due to the high profile nature of Weinstein’s charges and lawsuits, this case of bad faith insurance will be watched closely.

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