Insurance Coverage for Statutory and Liquidated Damages and Attorney Fees: Policyholder and Insurer Perspectives
Advocating Coverage for Damages and Opposing Attorney Fees Under CGL, EPLI, D&O and E&O Policies
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Insurance
- event Date
Tuesday, February 26, 2019
- schedule Time
1:00 PM E.T.
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE course will provide insurance counsel with a review of coverage for statutory and liquidated damages, as well as attorney fees for opposing counsel in individual and class action claims. The panel will discuss policy interpretation, case law developments, and best practices for arguing coverage issues under CGL, EPLI, D&O and E&O policies from insured and insurer perspectives.
Mr. Margulis handles a broad range of commercial litigation and insurance coverage matters, with an expertise in D&O, professional liability and coverage litigation. He has defended and provided coverage advice in hundreds of matters involving directors and officers, insurance agents and brokers, and securities broker-dealers liability.
Mr. Um is a nationally recognized litigator who focuses his practice on complex business litigation, insurance recovery advice, and related coverage litigation. He advises and represents corporate policyholders in complex insurance coverage claims relating to a variety of matters including class actions, media liability, data breach, and privacy issues, professional services liability, directors and officers liability, intellectual property disputes, and various environmental and toxic tort matters. He also handles general business litigation matters involving complex commercial contracts, fraud and misrepresentation claims, and unfair competition and unfair business practices. Throughout his career, he has helped his clients recover hundreds of millions of dollars in various types of insurance matters. His clients include internet and media entities, financial institutions, aerospace companies, and professional services entities.
Coverage of statutory damages has been a hotly disputed issue recently with the proliferation of privacy and data breach actions; statutory damages are a primary source of damages in litigation under FACTA, FCRA, TCPA and the Song-Beverly Act.
In addition to privacy-related litigation, these issues arise in many other areas of the law, particularly consumer fraud, antitrust and employment discrimination.
A related coverage issue is statutory awards of attorney fees. Are these costs recoverable as liability costs, and if so, does it matter whether they are assessed under a judgment or as part of a settlement? Similarly, are class counsel fees covered for class action claims?
Listen as our authoritative panel of insurance coverage practitioners addresses coverage issues associated with statutory and liquidated damages as well as attorney fees for opposing counsel in individual and class action claims. The panel will analyze case law developments and discuss arguments for resolving coverage issues under CGL, EPLI, D&O and E&O policies from insured and insurer perspectives.
- Coverage for statutory damages
- Coverage for liquidated damages
- Statutory damages
- Contractual damages
- Coverage for attorney fees
- Award pursuant to judgment
- Paid as part of settlement
- Class counsel fees in class action litigation
The panel will review these and other notable questions:
- What are the most recent case law developments regarding statutory violations for data breach and privacy claims?
- What are the insurance implications for liability to pay contractual damages?
- How do courts view coverage of opposing attorney fees, particularly in class action litigation?
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