E&S/Specialty

Before introducing a panel at the recent PLUS D&O Symposium on the ramifications of political changes on securities litigation, David Bell, COO of Allied World Assurance Company, delivered some introductory remarks.

The hot topic on the lips of speakers at nearly every session of the PLUS conference speculating on emerging trends was the increasing number of bankruptcies, but the fact that assets are tapped out is not necessarily a deterrent for plaintiffs' lawyers.

Taxpayer money used to bail out failing banks may mean lower dollars paid out on settlements for the latest crop of securities class-actions against financial institutions, an academic predicted recently.

Seventy-two percent of respondents to a recent survey on D&O claims issues answered yes to the question, "Have you been involved in an actual claim where the D&O insurer paid more than you believe it needed to based upon the facts and coverage issues?"

With seemingly no near-term potential for the stock market to move back up in 2009, the securities plaintiffs' bar will be looking back at 2007 stock movements to keep their practices going.

"The market has no choice but to take account of where we truly are. It will harden by fourth-quarter 2009."