Insurance Cases To Watch In The 2nd Half Of 2020
Samrah Mahmoud, a partner in Troutman Pepper's Insurance and Reinsurance Practice Group, was quoted in the July 6, 2020 Law360 article titled, " Insurance Cases To Watch In The 2nd Half Of 2020."
On the class action front, questions remain as to whether policyholders will be able to meet the thresholds for certification under Rule 23 of the Federal Rules of Civil Procedure. Troutman Pepper partner Samrah Mahmoud, whose practice
includes insurance coverage and class action defense work, said coverage cases "are not ideal for a class action because of the individualized issues they can raise."
For instance, Mahmoud said, policyholders seeking certification under Rule 23(a) may have trouble meeting the requirements of commonality, or legal or factual questions common to the class members, and typicality, or class representatives'
claims being typical of the class as a whole. In addition, policyholders angling to satisfy Rule 23(b)(3)'s requirements for class treatment "will probably have predominance issues, with common questions not predominating,"
according to Mahmoud.