Jacobi Journal of Insurance Investigation

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May 8, 2025 | JacobiJournal.com A School district lawsuit filed over denied abuse claims in Bay Shore Union Free School District initiated a federal legal battle against Hartford Insurance Group and CNA Insurance. Filed in the U.S. District Court for Eastern New York, the lawsuit accuses both insurers of failing to defend and indemnify the district against 45 sexual abuse claims linked to former elementary school teacher Thomas Bernagozzi. The case underscores growing legal pressure on insurance providers amid a rising number of abuse-related lawsuits under New York’s Child Victims Act.

Dozens of Claims Spark Legal Action

The district faces 45 lawsuits filed by former students under New York’s Child Victims Act (CVA). The lawsuits allege sexual abuse by Thomas Bernagozzi, a teacher who worked from the 1970s through 2000 at Gardiner Manor and Mary G. Clarkson Elementary Schools. Long Island School District

Bernagozzi was criminally charged in 2023 for allegedly abusing two students. He has pleaded not guilty.

Roughly half of the civil suits have been settled. However, 18 cases remain unresolved—cases for which the district claims Hartford and CNA should provide insurance coverage under general liability policies issued between 1973 and 1982.

$35 Million Bond, $25M Verdict Slashed

In 2023, Bay Shore approved a $35 million bond to help fund settlements for 12 claims not covered by insurance. Meanwhile, one lawsuit that went to trial resulted in a $25 million jury award to a victim. A judge later reduced that award to $4 million, pending a new trial on damages unless the victim accepts the lower amount.

Other claims have been paid through the New York State Insurance Reciprocal (NYSIR).

Insurers Accused of Delay Tactics

According to the lawsuit filed on May 2 in U.S. District Court for Eastern New York, the district alleges that both insurers have adopted a “wait-and-see” strategy in the wake of the CVA’s passage. The complaint argues that the insurers:

  • Failed to timely disclaim or acknowledge coverage
  • Did not produce complete policies or supporting documents
  • Offered vague or insufficient reasons for denial

Bay Shore contends that this conduct violates the terms of their contracts, as well as New York state insurance and consumer protection laws.

Seeking Accountability and Coverage

In its suit, Bay Shore requests a declaratory judgment affirming the insurers’ obligation to cover the remaining lawsuits. The district also seeks damages for breach of contract, bad faith, and violations of state business and insurance laws.

Officials argue that the insurers are trying to evade financial responsibility despite issuing policies precisely to cover serious liabilities like those now unfolding.

Source


FAQs: Long Island School District Lawsuit Explained

What triggered the school district lawsuit?

The Long Island school district lawsuit stems from insurers allegedly refusing to cover abuse-related claims under decades-old policies. Bay Shore UFSD argues that Hartford and CNA breached contract terms and violated state laws. Learn more from the NY State Courts.

How many lawsuits is the Long Island school district facing?

Bay Shore Union Free School District is facing 45 lawsuits under the NY Child Victims Act. The Long Island school district lawsuit seeks insurance coverage for 18 unresolved cases not covered by the New York State Insurance Reciprocal.

What does the Long Island school district lawsuit demand?

The Long Island school district lawsuit seeks a declaratory judgment, damages for breach of contract and bad faith, and an order compelling insurers to provide coverage for pending abuse lawsuits.


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