Where’s the Insurance in Mass Tort Litigation?
Key findings:1. #masstort plaintiff lawyers do not primarily base their litigation and settlement strategy on defendants' #liabilityinsurance, except in cases of insolvency.2. Despite #insurance policies assigning control over defense to the #insurer, mass tort defendants typically retain control over their defense, even when they recover under these policies.3. Mass tort defendants usually use their own funds to settle #claims, seeking indemnification from liability insurers, if available, at a later stage.4. Many mass tort plaintiff law firms rely on non-recourse litigation funding, reminiscent of early forms of commercial insurance like bottomry and respondentia. An emerging insurance market is reducing the cost of this funding and may eventually replace it.