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Storm Surge

is a word that no trustee wants to see next to his name. Yet one consequence of recent natural disasters, most notably Hurricane Katrina, will be a surge of litigation against trustees for failing to adequately insure the assets under their protection. Hurricane Katrina may give rise to a volume and value of breach of fiduciary duty claims unrivaled in U.S. history.1 From treasured works of art and

“Defendant” is a word that no trustee wants to see next to his name. Yet one consequence of recent natural disasters, most notably Hurricane Katrina, will be a surge of litigation against trustees for failing to adequately insure the assets under their protection.

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