01.16.14

Publication,

Principal Mindy DeYoung Quoted in January 2014 Law360 Article

PRACTICE GROUPS

Principal Mindy DeYoung was quoted in a Law360 article (subscription required) about the U.S. Supreme Court’s recent refusal to review the Ninth Circuit’s decision blocking Chubb Insurance Co. from recouping Superfund costs paid to its insured.  Law360 investigated the implications of this decision on insurers and policyholders.  DeYoung explained that insurance carriers are now apt to require greater policyholder cooperation in making claims against other potentially responsible parties in the wake of the Chubb decision.  “Whether it’s written directly into the policy itself or whether it’s a process that’s being done as the insurance claim is being handled waits to be seen,” DeYoung said.  Insurers that pursue subrogation lawsuits in the future will have to tell courts explicitly that their policyholders have made claims against the Superfund or against other PRPs to avoid seeing their complaints thrown out.  DeYoung pointed out the potential for insurers to raise premiums on policyholders to absorb the risk of potentially not being able to recoup their payouts following the Chubb decision.