Class Action Litigation Insurance Coverage: Avoiding Exclusions and Denials of Coverage

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Class Action and Other Litigation
- event Date
Wednesday, March 11, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide the class action litigator with a full arsenal to ensure that the client receives coverage from its existing insurance even in the event of a class action. This issue crosses substantive grounds as class actions are everyday occurrences in securities law, employment law, consumer law, and many other substantive areas.
Faculty

Mr. Lamden is a partner in Blank Rome’s policyholder-only insurance recovery practice. For nearly 25 years, he has focused his practice exclusively on helping policyholders understand and enforce their rights to insurance coverage. Through litigation and negotiation, Mr. Lamden has helped policyholders recover hundreds of millions of dollars from their insurers in connection with a wide array of claims and losses under nearly all types of commercial insurance. In addition to his dispute resolution practice, he offers strategic advice to his clients in connection with maximizing insurance recovery, negotiating insurance policy renewals, and transactional due diligence. Mr. Lamden is a Fellow of the American College of Coverage Counsel, an invitation-only organization of leading insurance coverage attorneys. He is ranked in insurance dispute resolution by Chambers USA. The American Lawyer named Mr. Lamden a “Midwest Trailblazer” and he was profiled as one of “40 Illinois Attorneys Under Forty to Watch” by the Chicago Daily Law Bulletin. He was also recognized as “Lawyer of the Year: Litigation - Insurance” by The Best Lawyers in America and as a Top 100 Illinois Super Lawyer by Super Lawyers. Mr. Lamden is a frequent speaker and commentator on insurance coverage issues and he has written dozens of articles and ten book chapters on topics relating to insurance coverage including two chapters for the New Appleman on Insurance Law Library Edition.

Ms. Horrigan handles complex insurance recovery litigation and arbitrations on behalf of policyholders in federal and state courts across the U.S. and in domestic and foreign arbitrations. She manages multiple large legal teams ranging up to 25 attorneys that span offices across the United States. Ms. Horrigan’s practice involves a broad range of insurance products, including directors and officers liability, professional liability, cyber liability, commercial general liability, products liability, employment practices liability, property, fidelity and surety bond, crime, and fiduciary liability. Representative clients that she has represented in litigation include PNC Bank, N.A., Santander Holdings, U.S.A., AmerisourceBergen Corporation, PlanMember Financial Services, Railroad Friction Products Corporation,and Federated Investors, Inc

Mr. Harckham regularly represents and advises corporate policyholders in insurance coverage matters. He has successfully litigated, arbitrated and settled hundreds of complex coverage claims. His areas of particular focus include property loss, business interruption, directors and officers liability, construction, professional liability, aviation liability and general liability claims. He also founded two Anderson Kill non-legal subsidiaries, Anderson Kill Insurance Services, LLC, and Anderson Kill Loss Advisors, LLC, which provide insurance consulting and property and business interruption loss quantification and settlement services.
Description
Class action lawsuits--perhaps the most time consuming and expensive of all litigation--are on the rise. Legal budgets rarely include money to handle these matters, so insurance coverage is a necessity. Carriers are not inclined to fund defenses, settlements, or judgment without at least a reservation of rights. Thus, litigation counsel must be prepared to take the necessary steps to lock in and protect coverage.
This area is particularly challenging because each different class action subject matter presents different issues. Securities class action coverage, for example, would seem straightforward, yet, there always seems to be a coverage dispute.
More daunting is the task of applying a CGL policy, which neither mentions nor excludes class actions, to provide coverage. The attorneys "in the trenches" must be conversant in all of these matters. Substantive positions (taken or not taken) could trigger policy exclusions. Even the decision to treat a class dispute as one claim, or many claims, can influence how much coverage exists.
Listen as this panel from the front lines of disputes concerning coverage of class action claims addresses both the legal considerations and the practicalities of being litigation counsel embroiled not only with the opponent but with the insurer as well.
Outline
- Types of coverage for types of class actions
- General policy (i.e. CGL)
- Specific policy designed for class action
- Typical disputes
- How many claims
- Claim dates
- Insureds
- Litigation management issues
Benefits
The panel will review these and other essential matters:
- What types of coverage exist for different types of class actions?
- Are there steps that can be taken to minimize coverage disputes and their impact?
- What is the role of the litigator (not just the coverage counsel) in maximizing coverage?
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