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

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, March 11, 2020

Recorded event now available

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Program Materials

This CLE webinar 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.

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.

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Outline

  1. Types of coverage for types of class actions
    1. General policy (i.e. CGL)
    2. Specific policy designed for class action
  2. Typical disputes
    1. How many claims
    2. Claim dates
    3. Insureds
  3. 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?

Faculty

Harckham, Finley
Finley T. Harckham

Shareholder
Anderson Kill

Mr. Harckham regularly represents and advises corporate policyholders in insurance coverage matters. He has...  |  Read More

Horrigan, Courtney
Courtney C.T. Horrigan

Partner
Reed Smith

Ms. Horrigan is the former vice chair of the firm’s Insurance Recovery Group. She handles jury, non-jury and...  |  Read More

Lamden, Seth
Seth D. Lamden

Partner
Neal Gerber & Eisenberg

Mr. Lamden concentrates his practice on assisting policyholders in enforcing their rights to insurance coverage. He has...  |  Read More

Other Formats
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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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