Defending Insurance Class Actions

(90 Ratings)

Produced on: May 01, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 64 minutes
Difficulty Advanced

Class action litigation is a constant threat to the insurance industry. Although class actions are frequently filed against insurers, the nuances of defending these types of suits are often not appreciated. This course examines ways to defend against insurance class actions by identifying the current and future state of class action law.

As part of the course, Eversheds Sutherland partner Kymberly Kochis and associate Alex Fuchs provide a primer on the Federal Rule of Civil Procedure 23, review jurisdictional tools unique to class actions, examine recent case law developments, and look to future developments, including changes to the Supreme Court, that may impact class action law, all through the prism of defending class action suits.

Learning Objectives: 

  1. Gain an understanding of Federal Rule of Civil Procedure 23 and its state law corollaries
  2. Analyze insurance class action defense strategies  
  3. Understand the Class Action Fairness Act (CAFA) and its role in defending class actions
  4. Examine current insurance class action trends
  5. Review recent case law developments and their impact on class action defense

Faculty

Alex Fuchs

Sutherland Asbill & Brennan

Alex Fuchs advises insurance companies on complex, large-scale litigation matters. He focuses his practice on defending challenges to insurers’ business practices in class action cases and coverage disputes.

He also assists clients with defense of tort, contract and subrogation matters in New York state and federal court.

Prior to joining Sutherland, Alex was an associate in the insurance litigation group at an international law firm in New York. His previous experience includes counseling London market insurers in the defense of complex product liability actions, including matters involving aviation, government contractors defense, the Death on the High Seas Act, the General Aviation Revitalization Act and corporate successor liability.

 

Experience

  • Secured dismissal of claims alleging violations of Missouri’s Deceptive Trade Practices Act on motion to dismiss.
  • Represented Progressive Casualty Insurance Co. and Progressive Direct Insurance Co. in a class action alleging unfair business practices under Connecticut's Unfair Trade Practices Act (CUTPA/CUSPA), tortious interference and unjust enrichment.
  • Defeated class certification in a Georgia class action alleging an auto insurer charged premium and fees for worthless coverage.


Kymberly Kochis

Eversheds Sutherland (US) LLP

Kym Kochis counsels insurers on a wide range of litigation and corporate governance matters and advises clients facing government inquiries and investigations. Her extensive knowledge of the insurance industry provides for deft representation of insurers opposing complex class action litigation. She regularly handles matters involving unfair trade practices, consumer fraud, antitrust, ERISA and policy coverage issues, as well as complex breach of contract and tort claims. 

Kym also counsels clients confronted with investigations by the U.S. Securities and Exchange Commission, U.S. Attorney Offices, Departments of Insurance and Offices of State Attorneys General. Matters of such investigations include Office of Foreign Assets Control (OFAC) requirements, money laundering, finite reinsurance, market timing/late trading, contingent compensation, “pay-to-play” arrangements and various compliance-related issues.

In tune with emerging issues affecting the industry, Kym regularly authors publications about autonomous vehicles and electronic transactions, as well as insurance business practices and class action defense. Kym joined Sutherland from Nelson Levine de Luca & Hamilton (now Nelson Brown & Co.), where she was a partner and co-chair of the institutional litigation and regulatory practice. She previously was an attorney at Dewey & LeBoeuf LLP.

Earlier in her career, Kym gained significant experience in the London Market during a secondment with a leading Lloyd’s of London syndicate. There, she was responsible for all aspects of the syndicate's major claims, which included directors and officers (D&O), professional liability, property and marine claims. Her duties also involved providing U.S. compliance and regulatory advice, responding to all Department of Insurance inquiries and collaborating with the syndicate’s underwriters to develop U.S. policy wording.


Reviews

JL
James L.

Good course

TK
Timothy K.

Great content and delivery.

CD
Catherine D.

extremely engaging speakers

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$59

$ 59 Insurance Law and Litigation In Stock

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