Profile - Wystan M. Ackerman

Company Information

Company

Robinson & Cole LLP
280 Trumbull St
Hartford, CT 06103

Phone

(860) 275-8388

Member Bio

Wystan Ackerman represents insurance companies in complex insurance coverage litigation, including class action suits and appeals. He has played a major role in a number of high-profile insurance cases, including authoring briefs on critical coverage issues on behalf of groups of insurance companies and amicus briefs on behalf of a major insurance industry association. He also maintains an active caseload of medium-size to large cases involving commercial property insurance coverage, liability insurance coverage, and subrogation.

Prior to joining Robinson & Cole, Mr. Ackerman was associated with the law firm of Skadden, Arps, Slate, Meagher & Flom LLP, where his practice focused on complex business litigation, including insurance and securities class actions and litigation involving commercial contracts and corporate governance.

Mr. Ackerman received his B.A., summa cum laude, in government, with a minor in mathematics, from Bowdoin College. He received his J.D. from Columbia Law School, where he was a James Kent Scholar and a member of the Columbia Law Review.

Representative Matters

Represented a major insurance industry association as amicus curiae and worked closely with counsel representing the defendant insurer in Sher v. Lafayette Ins. Co., 2008 WL 928486 (La. Apr. 8, 2008), in which the Louisiana Supreme Court ruled that the water damage exclusion used in most homeowners insurance policies was applicable to the flooding that occurred in New Orleans at the time of Hurricane Katrina. The Louisiana Court of Appeal for the Fourth Circuit had ruled that the exclusion was ambiguous and inapplicable. If upheld, that decision would have cost the insurance industry more than $1 billion, according to media reports. In a unanimous decision, the Louisiana Supreme Court overturned the court of appeal, ruling in favor of the insurer. Also represented a leading insurer in litigation on the same issue in federal court, which resulted in a favorable decision from the U.S. Court of Appeals for the Fifth Circuit, which was quoted and relied upon by the Louisiana Supreme Court. (In re Katrina Canal Breaches Litigation, 495 F.3d 191 (5th Cir. 2007), cert. denied, 2008 WL 423587 (U.S. Feb. 19, 2008).)

Currently representing property insurers in numerous purported class action suits arising from Hurricane Katrina. Authored appellate briefs in the Fifth Circuit and oppositions to petitions for certiorari in the U.S. Supreme Court in high-profile cases involving the flood exclusion and the Louisiana Valued Policy Law. (In re Katrina Canal Breaches Litigation, 495 F.3d 191 (5th Cir. 2007), cert. denied, 2008 WL 423587 (U.S. Feb. 19, 2008); Chauvin v. State Farm Fire & Cas. Co., 495 F.3d 232 (5th Cir. Aug. 6, 2007), cert. denied, 2008 WL 114049 (U.S. Jan. 14, 2008).)

Representing insurers in several lawsuits involving $10 million-plus property insurance claims arising from Hurricane Katrina.

Represented commercial property insurers in several multimillion-dollar cases involving business interruption and property damage losses sustained due to the 9/11 terrorist attack on the World Trade Center. Successfully briefed Daubert motion to exclude testimony of insured's proposed damages expert (2005 U.S. Dist. LEXIS 4566) and motion for summary judgment on the "period of restoration" and consequential damages (2005 U.S. Dist. LEXIS 5389).

Firm Information

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Practice Areas
Appellate Advocacy
Commercial Litigation
Insurance Fraud and Suspicious claims
Insurance Law

DRI Committees
Appellate Advocacy
Commercial Litigation
Insurance Law

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Profile - Wystan M. Ackerman - Bio

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