The insurance industry is a consistent target of class action litigation. Although class actions are frequently filed against insurers, the nuances of Federal Rule of Civil Procedure 23 and methods for defending these types of suits are often not appreciated.
This course, presented by Alex Fuchs and Kymberly Kochis of Eversheds Sutherland LLP, will discuss removal of cases under the Class Action Fairness Act, provide an overview of Rule 23, and examine ways to defend against insurance class actions. As part of the course, we will also review recent trends in class action insurance class action litigation and the scrutiny applied to class action settlements by courts and the Department of Justice.
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.
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.
This program was helpful and relevant.