Oil in the Gulf: Litigation & Insurance Coverage


Via Teleconference

Date & Time

Start Date: 05/26/2010



Agenda & Speakers
• Deepwater Horizon incident – Status update
- Efforts to stop the leak
- Oil “plume” movements
- Cleanup efforts
• Environmental effects
- Wildlife effects
- Shoreline habitat effects
- Off-shore ecological effects
• Economic effects
- Commercial fishing effects
- Effects on recreation use by the public
- Effects on tourism-dependent businesses
- Effects on state and local governments
• Legal Frame Works
-Oil Pollution Act of 1990 (OPA)
-General maritime law considerations
-Potential for limitation of liability
-Choice of law considerations
-Wrongful death claims under DOHSA and general maritime law
• The Typical Claimants, the Nature of Claims, and What Theories of Liability will Prevail?
-State tort law options
-Special considerations with trust funds
-Unique state law issues for insurers in direct action states like Louisiana
• Lawsuits Filed to Date, Where and MDL

• Criminal Consequences
• Analysis of Insurance Coverage Issues for Losses
-Applicable policies
-Types of coverage including property, business interruption, extra expense, ingress/egress, environmental, event cancellation, and trade disruption
-Potential insurer defenses


Christopher Kende, Esq., Cozen O’Connor, New York


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