Wystan Ackerman chairs the firm's Class Action Team. He has defended class actions in a variety of substantive areas and industries, including insurance, products liability, financial services, consumer contracts and securities. Based in the insurance capital of Hartford, Connecticut, Wystan's practice has a major focus on insurance. He writes the blog Insurance Class Actions Insider at www.insuranceclassactions.com, which was selected by Lexis Nexis as a top insurance blog for 2011. Mr. Ackerman regularly serves as national counsel for insurance companies in class actions, complex coverage litigation, and appeals. He currently represents insurance carriers in various putative class actions involving insurance coverage and market conduct/claim-handling practices. He has served on the defendants' steering committee and as a lead author of trial and appellate briefs on behalf of numerous insurers in high-profile class actions arising from Hurricanes Katrina and Rita, such as In re Katrina Canal Breaches Litigation (flood exclusion), the Louisiana attorney general's class action against the insurance industry involving the Road Home program, and the class action litigation involving the Louisiana Valued Policy Law. Mr. Ackerman also has substantial experience advising insurers with respect to complex coverage issues and litigating coverage cases at the trial and appellate levels. He is currently advising insurers with respect to homeowners, commercial property, and builders risk claims for Chinese-made drywall. He also serves as national coordinating counsel and appellate counsel to insurers and to a major insurance industry association (as amicus curiae) in cases involving important coverage issues. He has litigated appeals in the First, Second, Third, Fourth, Fifth, Eighth, and Eleventh Circuits, as well as in various state appellate and supreme courts, and has engaged in certiorari practice in the U.S. Supreme Court. Mr. Ackerman is also regularly asked to consult on important insurance cases in which he collaborates with lead counsel and in-house counsel on briefing and preparation for oral arguments, including participating in moot courts. He regularly works with lawyers across the country in this role. Mr. Ackerman has been included on the Connecticut Super Lawyers® Rising Star list since 2010 in the areas of Insurance Coverage and Class Action Law (Super Lawyers is a registered trademark of Key Professional Media, Inc.). Prior to joining Robinson & Cole, Mr. Ackerman was associated with the law firm of Skadden, Arps, Slate, Meagher & Flom LLP, where his practice focused on complex business litigation, including insurance and securities class actions and litigation involving commercial contracts and corporate governance. Professional Associations - American Bar Association, Property Insurance Law Committee of the Tort and Insurance Practice Section - American Bar Association, Class Actions and Derivative Suits Committee of the Litigation Section, State Liaison for Connecticut - American Bar Association, Insurance Coverage Litigation Committee - Defense Research Institute - Connecticut Bar Association - Connecticut Bar Association, Insurance Law Section, Executive Committee Honors And Awards - Listed as a Rising Star in Connecticut Super Lawyers® in the area of Insurance Coverage Law since 2010 (Super Lawyers is a registered trademark of Key Professional Media, Inc.) Experience - Represented insurers in a number of purported class action suits arising from Hurricane Katrina. Successfully authored appellate briefs in the Fifth Circuit and oppositions to petitions for certiorari in the U.S. Supreme Court in high-profile cases involving the flood exclusion and the Louisiana Valued Policy Law. (In re Katrina Canal Breaches Litigation, 495 F.3d 191 (5th Cir. 2007), cert. denied, 2008 WL 423587 (U.S. Feb. 19, 2008); Chauvin v. State Farm Fire & Cas. Co., 495 F.3d 232 (5th Cir. Aug. 6, 2007), cert. denied, 2008 WL 114049 (U.S. Jan. 14, 2008).) Also representing insurers in several lawsuits involving $10 million-plus property insurance claims arising from Hurricane Katrina. - Currently defending manufacturers in putative class actions involving alleged defects in consumer products in Connecticut and Illinois federal courts. - Currently serving on the defendants' steering committee, taking a lead role in a putative class action filed by the Louisiana attorny general against over 200 insurers involving the Louisiana Road Home program. - Currently representing insurer in a series of putative class actions involving market conduct/claim handling practices. Successfully obtained dismissal or denial of class treatment in many of these cases. Successfully conducted a three-day evidentiary hearing on class certification in a Florida state court in 2010. - Represented a major insurance industry association as amicus curiae in Sher v. Lafayette Ins. Co., 2008 WL 928486 (La. Apr. 8, 2008), in which the Louisiana Supreme Court reversed a state appellate court and ruled that the water damage exclusion used in most homeowners insurance policies was applicable to the flooding that occurred in New Orleans at the time of Hurricane Katrina. - Represented commercial property insurers in several multimillion-dollar cases involving business interruption and property damage losses sustained due to the 9/11 terrorist attack on the World Trade Center. Successfully briefed Daubert motion to exclude testimony of insured's proposed damages expert (2005 U.S. Dist. LEXIS 4566) and motion for summary judgment on the "period of restoration" and consequential damages (2005 U.S. Dist. LEXIS 5389). - Representation of insurers in complex insurance dispute in federal court, Eastern District of Louisiana, involving Hurricane Katrina property damage and business interruption claim for over $27 million and bad faith claims of over $100 million, where bad faith claims were dismissed based on summary judgment briefing and expert was precluded from testifying as to damages included in initial report based on motion in limine. - Representation of Fortune 500 insurer in threatened litigation pursuant to property policy where insured claimed an over $4 million loss because of an ammonia leak. Claim was resolved in one-day mediation session, avoiding litigation costs altogether. - Defended a major insurance company in a case brought in U.S. District Court for the Central District of California in which the plaintiff sought to bring a class action involving two classes of allegedly aggrieved policyholders. The first class was allegedly deprived of payment of general contractor overhead and profit as a part of its damages. The second class was allegedly deprived of payment of sales tax as a part of its damages. After extensive discovery and motion practice, the class action allegations were voluntarily dismissed and the case was resolved on favorable terms. - Represented an affiliate of a national insurance company in a declaratory judgment action seeking a declaration that there is no coverage under property insurance policies for the cost of replacing and remediating the effects of Chinese drywall. After oral argument before the federal district court for the Eastern District of Virginia, summary judgment was entered in favor of our client in the first federal court case in the country deciding coverage issues for Chinese drywall under homeowners' policies. - Member of trial team for $100 million Hurricane Katrina commercial property case. First Hurricane Katrina case the client insurance company allowed before a New Orleans jury. Tried to verdict and settled on appeal for less than 2% of the claim. Publications & Presentations Articles - "The Supreme Court's 2011 Class Action Decisions: Their Impact on Insurance Class Actions" (2011), published in New Appleman on Insurance, article is forthcoming - "Class Actions Against Insurers? No Sure Thing" (11/2011), published in Connecticut Law Tribune - "Does Daubert Apply at Class Certification? Eighth Circuit Tries to Find Middle Ground" (9/2011), published in The Business Suit, a publication of the Defense Research Institute - "Defending Class Actions on Coverage Issues" (5/2011), published in For the Defense, a publication of the Defense Research Institute - "Handling the Flood Coverage Litigation: Lessons Learned from Katrina," coauthored with Seth A. Schmeeckle, a partner at Lugenbuhl, Wheaton, Peck, Rankin & Hubbard (May/June 2010), published in Coverage, an American Bar Association insurance litigation publication - "Property Insurance Litigation Arising from Hurricane Katrina: The Battle Moves to the Appellate Courts," coauthored with Gregory P. Varga and Daniel F. Sullivan (December 2007), published in Claims Quarterly - "The Connecticut Supreme Court on the Creation of a Constitutionally Distinct Judicial Department in the 1818 Constitution" (December 2007), published in Connecticut Supreme Court History - "The Connecticut Supreme Court on the Creation of a Constitutionally Distinct Judicial Department in the 1818 Constitution," coauthored with Wesley W. Horton, Esq. (December 2007), published in Connecticut Supreme Court History - "Does Vandalism Include Arson?" (Fall 2006), published in ABA Property Insurance Committee, Tort and Insurance Practice Section - "Using Daubert Effectively in Business Interruption Cases" (Fall 2005), published in Committee News, a newsletter published by Property Insurance Law Committee of the American Bar Association's Tort, Trial and Insurance Practice Section - "Precluding Defendants from Relitigating Sentencing Findings in Subsequent Civil Suits" (2001), published in Columbia Law Review, Note, 101 Colum. L. Rev. 128 Books - Chapter entitled "Property Insurance Under Homeowners' Policies: Structure, Recent Changes, and Emerging Issues," published in CAT Claims: Insurance Coverage for Natural and Man-Made Disasters, edited by Steven Plitt, Dennis J. Wall, and John K. DiMugno (2008), published by West Book Chapters - "Recent Developments and Anticipated Trends in Defending Products Liability Class Actions" (2011), published in Inside the Minds: Litigating Products Liability Class Actions, published by Aspatore Books/Thomson Reuters Presentations - "The Supreme Court's 2011 Class Action Decisions: How Will They Impact the Insurance Industry" (7/2011), presented to insurance industry association - "Business Interruption Claims Arising out of the Earthquake and Tsunami in Japan" (4/2011), presented to an insurance industry association - "Insurance Coverage Class Actions" (2/2011) presented at American Bar Association's Tort Trial and Insurance Practice Section, Insurance Coverage Litigation Committee Midyear Meeting - "Business Interruption Insurance" (1/2010) presented at Connecticut Bar Association, Insurance Section meeting - "Property Coverage Legal Update: Hurricane Katrina Litigation," copresented with Gregory P. Varga (2/12/2008) at New England Claims Executives Association - "Recent Changes and Emerging Issues in Homeowners' Insurance Policy Forms" (4/2006) presented at Annual CLE Program of the Property Insurance Law Committee of the American Bar Association's Tort Trial & Insurance Practice Section News 12.29.11, Wystan Ackerman Authors Book Chapter on Defending Products Liability Class Actions 12.14.11, "Insurance Class Actions Insider" Recognized as a Top Blawg 9.01.11, In Wake of Hurricane Irene: Five Tips for Insurance Carriers 5.09.11, Insurance Class Actions Blog Analyzes Impact of Recent Supreme Court Cases 3.03.11, Robinson & Cole Amicus Brief Analyzes Controversial Loss of Consortium Claim 6.08.10, Robinson & Cole Attorney Coauthors Article Published in American Bar Association Insurance Litigation Publication Coverage 4.06.10, Robinson & Cole Attorney Quoted in Hartford Business Journal on Recently Announced Southern Connecticut Bancorp, Inc. Merger 1.21.10, Robinson & Cole Partner Participates as Panelist During Connecticut Bar Association Program on Business Interruption 11.12.08, Robinson & Cole Announces New Partners |