Articles and Presentations

Paige Houin to Address Public Nuisance Claims and Risks to Insurers at the CLM 2021 Annual Conference


BatesCarey is pleased to announce that Paige Houin will present "Opioids, COVID-19, and Beyond: How to Abate the Nuisance Driving Social Inflation" at the 2021 CLM Annual Conference in Atlanta from June 6-18, 2021.

Although many factors drive social inflation, one key item in the plaintiffs’ toolbox is public nuisance. Driven in part by the multimillion-dollar settlements in the opioid litigation, the plaintiffs' bar is increasingly turning to public nuisance as a tool to propel nuclear verdicts and settlements. Plaintiffs in these cases seek to bypass the onerous causation requirements of traditional torts by seeking forward-looking funding for generalized public harm. Using opioids and COVID-19 litigation along with other case studies, this roundtable will engage the audience by allowing them to predict potential next wave nuisance causes of action as one factor causing social inflation. Despite nuclear verdicts arising from these claims, insurers are responding to these claims to abate that impact. In the context of actual case studies, existing insurance coverage defenses to current nuisance claims, including whether damages are because of bodily injury, whether abatement remedies should be considered damages under a liability policy, as well as forward-looking options to temper the risk of exposure arising from public nuisance claims, including exclusionary endorsements and other underwriting considerations will be discussed.

To register for this event, click here.