Larry D. Mason Talks to Risk & Insurance about Employment, Property, and D&O Insurance Risks in Instances of Book Banning
Larry D. Mason, a partner in Goldberg Segalla’s Global Insurance Services practice, spoke with Risk & Insurance regarding the impact book banning may have within the insurance world for public libraries.
Larry noted the employment risks, using the example of a librarian refusing to comply with a book banning on First Amendment grounds.
“That can lead to employment litigation,” he said. “So can the instance of a librarian quitting due to harassment and pressure to ban books, and then they sue over it.”
Larry also explained how directors’ and officers’ claims might also come into play, given the supervisory role they play in public libraries and requests for book bans reaching boards of trustees.
“In the event that a board takes a stand that’s against, say, a minority viewpoint in a community that wishes to ban a book, and they get sued directly for their decision … the public libraries should be focused on directors’ and officers’ liability insurance.
“Most public libraries have property insurance protection to protect against the basic things — fire, flood, typical perils,” he said. “But when it comes to the tensions of book banning, I could see a rise of vandalism and malicious mischief type claims.
“What’s happening in one community is not necessarily going to be the same in another,” Larry said. “And how you respond to it, prepare for it, from a risk management standpoint, will vary.”
MORE ABOUT GOLDBERG SEGALLA’S LARRY D. MASON:
Larry D. Mason is a renowned trial and appellate litigator and counselor to many national and international businesses across diverse industries. Based in Chicago but with experience litigating and counseling clients through complicated and high-profile matters across the country and internationally, he dedicates most of his practice to insurance coverage, reinsurance, commercial litigation, environmental and toxic torts, and complex insurance regulatory matters. He also focuses on professional liability for clients in insurance, environmental, construction, and related industries; products liability; and identifying emerging risks. He brings his extensive experience to leadership positions in the firm, where he is chair of the Environmental and Mass Torts Coverage, First-Party Property, and Construction Coverage subgroups.
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“As the Pressure to Ban Books Increases, So Do the EPLI, Property and D&O Exposures” Risk & Insurance, December 2, 2022