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This article examines which coverage issues are most likely to arise in these cases, with a particular focus on the largest category of cases—securities actions on behalf of investors.
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THE SUBPRIME MORTGAGE CRISIS and related financial meltdown has led to a wave of litigation involving not just lenders and financial institutions but also diverse companies holding mortgage related investments.
Among the types of actions being brought are: (1) securities claims against lenders and holders of mortgage-backed securities; (2) derivative actions; (3) negligence claims against professionals, such as accountants and law firms; and (4) individual and class actions alleging predatory lending and other improper practices.
Estimates of the amount that insurers will end up paying on these and related claims vary, from $3 billion to as high as $9.6 billion.
With so much money at stake, one can expect coverage issues to garner a great deal of attention.
It may therefore be more difficult for insurers to disclaim coverage on the grounds of intentional misconduct, at least in securities cases.