Insurance Coverage for Statutory and Liquidated Damages and Attorney Fees: Policyholder and Insurer Perspectives

Advocating Coverage for Statutory and Contractual Damages and Opposing Attorney Fees Under CGL, EPLI, D&O and E&O Policies

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


Conducted on Wednesday, May 7, 2014

Recorded event now available

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Program Materials

This CLE webinar 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.

Description

Coverage of statutory damages has been a hotly disputed issue recently with the proliferation of privacy and data breach actions as statutory damages are a main source of damages in litigation under FACTA, FCRA, TCPA and the Song-Beverly Act.  

In 2013, the Illinois and Missouri Supreme Courts issued rulings holding that statutory damages under the TCPA are insurable. 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 pursuant to 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.

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Outline

  1. Coverage for statutory damages
  2. Coverage for liquidated damages
    1. Statutory damages
    2. Contractual damages
  3. Coverage for attorney fees
    1. Award pursuant to judgment
    2. Paid as part of settlement
    3. Class counsel fees in class action litigation

Benefits

The panel will review these and other key 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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Andrew L. Margulis
Andrew L. Margulis

Partner
Ropers Majeski Kohn Bentley

Mr. Margulis handles a broad range of commercial litigation and insurance coverage matters, with an expertise in...  |  Read More

William T. Um
William T. Um

Policyholder Counsel
Hunton & Williams

Mr. Um represents corporate policyholders in complex insurance coverage claims relating to class actions, media...  |  Read More

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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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