WHAT DOES THE MARRIAGE EQUALITY DECISION OF THE SUPREME COURT MEAN FOR YOUR ORGANIZATION?

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1 CMIC LEADERS WEBINAR SERIES WHAT DOES THE MARRIAGE EQUALITY DECISION OF THE SUPREME COURT MEAN FOR YOUR ORGANIZATION? Featuring James A. Friedman, Godfrey & Kahn, S.C. Disclaimer: Church Mutual Insurance Company (CMIC) offers webinars on a wide array of topics of interest to our policyholders. The views expressed during webinars are those of the guest speakers and are not necessarily attributable to CMIC.

2 James A. Friedman is an attorney with extensive experience in insurance & reinsurance law. He is the leader of the Insurance & Reinsurance Working Group and a co-leader of the Litigation Team at the Madison, WI law office of Godfrey & Kahn, S.C. He practices in the civil litigation area with an emphasis on insurance coverage, insurance liquidation and guaranty fund work, media law, and appellate litigation. James earned his undergraduate degree from Georgia Tech. He graduated with honors from the University of Wisconsin Law School and he received a Master of Public Affairs from the University of Wisconsin. 2 Credit: James A. Friedman, Godfrey & Kahn, S.C., courtesy of Church Mutual Insurance Company

3 HOW DOES A CASE MAKE ITS WAY TO THE SUPREME COURT? Facts Supreme Court Legal/Social Landscape Split in lower courts 3 Credit: James A. Friedman, Godfrey & Kahn, S.C., courtesy of Church Mutual Insurance Company

4 OBERGEFELL V. HODGES - SUPREME COURT DECISION 2015 What the Court decided, and what it did not address Decided States are required to license marriages of same sex couples Did Not Address Legality of private, churchsanctioned marriage ceremonies States are required to recognize marriages of same sex couples that were licensed in other states Effect on existing anti-discrimination or public accommodation laws Contrary state laws are unconstitutional Effect on insurance coverage for claims under those laws 4 Credit: James A. Friedman, Godfrey & Kahn, S.C., courtesy of Church Mutual Insurance Company

5 NATIONAL V. LOCAL BATTLE Legal cases will likely arise locally, rather than at the national level Check local statutes and ordinances 5 Credit: James A. Friedman, Godfrey & Kahn, S.C., courtesy of Church Mutual Insurance Company

6 EXAMPLES OF POTENTIAL CLAIMS 1. Refuse/agree to perform marriage ceremony for same sex couple 2. Refusal to permit same sex couple to use facility for marriage ceremony or reception 3. Refusal to provide employment benefits to same sex spouse 4. Breach of fiduciary duty See Green v. Heritage Insurance, 655 N.W.2d 147 (Wis. Ct. App. 2002) 6 Credit: James A. Friedman, Godfrey & Kahn, S.C., courtesy of Church Mutual Insurance Company

7 INSURANCE COVERAGE & RISK MITIGATION Insurance coverage is a solid risk mitigation strategy Insurance coverage will not mitigate all risk Every claim and coverage decision is unique Based on specific facts and specific policy language 7 Credit: James A. Friedman, Godfrey & Kahn, S.C., courtesy of Church Mutual Insurance Company

8 UNDERSTANDING INSURANCE COVERAGES Review all policies Multi-Peril/General Liability Coverage Professional Liability Directors, Officers & Trustees Liability Employment Practices Liability Legal Defense Coverage Umbrella Coverage 8 Credit: James A. Friedman, Godfrey & Kahn, S.C., courtesy of Church Mutual Insurance Company

9 RISK MANAGEMENT AND MITIGATION 1 st Amendment free exercise clause, RFRA (42 U.S.C. 2000bb et seq.), etc. See Burwell v. Hobby Lobby, 134 S. Ct (2014) Confirm bylaws, policies, etc., consistent with church doctrine Enforce bylaws, policies, etc., consistently Align use of facilities by members and/or non-members to bylaws, policies, etc., consistently Document decisions and reasons Consult with your attorney and insurance professionals 9 Credit: James A. Friedman, Godfrey & Kahn, S.C., courtesy of Church Mutual Insurance Company

10 James A. Friedman Godfrey & Kahn, S.C. Phone: Other Credits James Friedman is the author of the chapter Creative Strategies and Responses to Changes in Insurance Coverage Law of the book Inside the Minds: Recent Developments in Insurance Coverage Litigation Co-author of the chapter Understanding Traditional and Non-Traditional Bad Faith Claims of the book Inside the Minds: Extracontractual Claims Against Insurers Co-Author of the article State Constitutions: The Shopping Mall Cases published in the 1998 Wisconsin Law Review 10 Credit: James A. Friedman, Godfrey & Kahn, S.C., courtesy of Church Mutual Insurance Company

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