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Insurance Implications of the Deepwater Horizon Disaster

By Michael Cessna, of Counsel, Lathrop & Gage LLP The potential financial impact of the April 20, 2010 explosion and sinking of the Deepwater Horizon in the Gulf of Mexico may well eclipse the financial impact of the Exxon Valdez spill in 1989, which resulted in a $3.5 billion dollar settlement...

California Insureds Should Question the “Conventional Wisdom” Regarding Coverage for Wage and Hour Class Actions

By Erica Villanueva, Associate, Farella Braun + Martel Employment Practices Liability ("EPL") insurers have been aggressive in denying coverage for "wage and hour" class actions filed in California and elsewhere. Indeed, insureds now frequently assume that their policies afford...

Surge of Securities Litigation Against U.S.-Listed Chinese Companies Raises Critical D&O Insurance Issues

By Kevin M. LaCroix, Esq., Executive Vice President, OakBridge Insurance Services and Peter M. Gillon, Partner, Pillsbury Winthrop Shaw Pittman LLP One of the most distinctive U.S. litigation trends over the last twelve months has been the surge of securities class action lawsuits filed against...

Highlights of the Winter 2011 Issue of New Appleman on Insurance: Current Critical Issues in Insurance Law

The Winter 2011 issue of New Appleman on Insurance: Current Critical Issus in Insurance Law features three timely articles of significant importance: • The Supreme Court's 2011 Class Action Decisions: Their Impact on Insurance Class Actions • The Rise of U.S. Onshore Captive Domiciles...

SNR Denton on Kartman v. State Farm: Claim Handling Class Actions and Bad Faith Without Coverage Take Another Hit

By William T. Barker, Partner, SNR Denton In Kartman v. State Farm Mutual Automobile Insurance Co. [1], the Seventh Circuit reversed certification of a class action for allegedly improper adjustment of claims for hailstorm damage to insureds' roofs. In the process, it added weight to the already...

The Supreme Court's 2011 Class Action Decisions: Their Impact on Insurance Class Actions

By Wystan Ackerman, Partner, Robinson & Cole LLP This commentary by Wystan Ackerman analyzes the three decisions issued by the U.S. Supreme Court on class actions in 2011, with a focus on their impact on the insurance industry: Wal-Mart Stores, Inc. v. Dukes , AT&T Mobility, LLC v. Concepcion...

SNR Denton on Oubre v. Citizens Insurance Co.: Louisiana Supreme Court Clarifies Penalty Statutes

By William T. Barker, Partner, SNR Denton In Oubre v. Citizens Insurance Co., a divided Louisiana Supreme Court resolved a split in the courts of appeals by holding that the statutory penalty for an insurer's failure to timely initiate loss adjustment may be assessed without any showing that...

Class Action Certified for Lender Requiring More Flood Insurance

THE MISCHIEVIOUS CLASS ACTION Home mortgage lenders are always concerned that their security is appropriately protected by insurance. As a result, by the terms and conditions, of the mortgage the lender keeps to itself the right to compel the borrower to buy sufficient insurance. In Stanley Kolbe v...

Halliburton Decision May Drive Up Litigation Costs and Impact Settlement

The U.S. Supreme Court’s recent decision in Halliburton Co. v. Erica P. John Fund, Inc. , [ enhanced version available to lexis.com subscribers ], is not the game changer for securities litigation that some hoped for, but D&O insurers will be keeping a close eye on securities cases to see whether...