Kende Talks to HB’s Vivi Gorman about OPA, Oil Litigation, Insurance Coverage & Key Maritime Precedent
Following the Exxon Valdez oil spill in 1989, Congress passed the Oil Pollution Act of 1990 (OPA), which provides for strict liability in oil spills like the Gulf of Mexico oil spill. While estimates increase daily as to how much oil is leaking and the breadth of damage, OPA limits damages to $75 million, according to Christopher Kende of Cozen O’Connor. Kende, who handles complex multinational litigation in insurance, reinsurance, environmental, admiralty and maritime matters, spoke to HB’s Vivi Gorman ahead of presenting at HB’s Oil in the Gulf Litigation & Insurance Coverage teleconference on May 26 and seminar June 24-25 in Atlanta.
Watch video of Kende discussing the OPA damages cap, the law’s interplay with litigation, the Death on the High Seas Act, the Limitation of Liability Act, lessons from Valdez, direct actions against insurers, additional insureds, and what maritime precedent says about economic loss absent property damage.
Vivi Gorman as well as HB’s CEO Tom Hagy are former editors of Mealey’s Litigation Report: Insurance, now published by LexisNexis.