INSURANCE ALLOCATION

Transcription

1 Earn CLE/CPE Credits American Conference Institute s 2nd National Forum on INSURANCE ALLOCATION Expert Strategies for and Key Insights into the Most Challenging Allocation Issues Facing Policyholders, Insurers, and Reinsurers Inquire about special rates for in-house and government June 25-26, 2015 The Omni Chicago Hotel on the Magnificent Mile Chicago, IL An unparalleled opportunity to network with and obtain valuable insights and strategic advice from our exceptional faculty, including: Sharon T. Doherty Senior Coverage Counsel, NAC Claims Legal Group Zurich North America Dennis Helewa Vice President & Assistant Counsel, Claims SCOR Cassandra S. Franklin Managing Attorney Claims Coverage Counsel Allianz Global Corporate & Specialty Michael J. Blair Vice President - Environmental Claims Gen Re - A Berkshire Hathaway Company James F. Dorion Managing Director Global Practice Leader, Complex Liability & Risk Services Marsh Robert Lenahan Associate General Counsel Legion Insurance Company (In Liquidation) Industry leaders from policyholders, insurers, and reinsurers will examine today s key allocation issues, including: The state of existing allocation law, with a focus on asbestos, environmental, and other long-tail claims The relationship between allocation and trigger, with a focus on asbestos, environmental, and other long-tail claims Second wave allocation issues: SIRs, deductibles, exhaustion, and more Excess insurance: questions raised by Qualcomm and issues relating to the duty to defend The importance of choice of law: assessing the current rules in key jurisdictions, recent allocation rulings and their impact on disputes, and more Bankruptcy, insolvency, and their impact on insurance allocation Allocation of defense costs in the D&O context Allocation issues that arise when reinsurance is involved Resolving allocation disputes through mediation Distinguished Co-Chairs: Stephen Hoke Hoke Attorneys at Law LLC Scott M. Seaman Hinshaw & Culbertson LLP Featuring a judicial panel on insurance coverage litigation, with perspectives and insights from: Hon. Ruben Castillo U.S. Dist. Ct., N.D. Ill. Hon. Donetta W. Ambrose U.S. Dist. Ct., W.D. Pa. Hon. Richard Schmidt U.S. Dist. Ct., S.D. Tex. Hon. Patrick J. Walsh U.S. Dist. Ct., C.D. Calif. Hon. Peter Flynn Cir. Ct. Cook Co., Ill. Hon. Richard Kramer San Francisco Super. Ct. Hon. Anthony J. Mohr CA Super. Ct., LA Hon. Jose M. Rodriguez Eleventh Jud. Cir., Fla Hon. Jeff Shadwick Harris Co. 55th Civil Dist. Ct., Tex. Register Now AmericanConference.com/InsAllocation

2 Building on the incredible success of our inaugural event and in response to demand from the market, ACI has developed the 2nd National Forum on Insurance Allocation specifically to address the unique challenges that policyholders, insurers, and reinsurers face when dealing with the issues of allocation, trigger, excess insurance, and more. This Forum remains the only event focused on insurance allocation that goes the extra mile to bring you a panel of distinguished judges, insights from key industry experts, and unparalleled networking opportunities. ACI s 2nd National Forum on Insurance Allocation has been completely overhauled and updated based on comprehensive research conducted with dozens of industry professionals. This conference will bring together an outstanding speaker faculty that will provide you with expert advice and key strategies for: The state of existing allocation law, with a focus on asbestos, environmental, and other long-tail claims The relationship between allocation and trigger, with a focus on asbestos, environmental, and other long-tail claims Second wave allocation issues: SIRs, deductibles, exhaustion, and more Excess insurance: questions raised by Qualcomm and issues relating to the duty to defend The importance of choice of law: assessing the current rules in key jurisdictions, recent allocation rulings and their impact on disputes, and more Bankruptcy, insolvency, and their impact on insurance allocation Allocation of defense costs in the D&O context Allocation issues that arise when reinsurance is involved Resolving allocation disputes through mediation This event will fill up quickly, so register now by calling , faxing your registration form to , or registering online at Global Sponsorship Opportunities With more than 300 conferences in the United States, Europe, Asia Pacific, and Latin America, American Conference Institute (ACI) provides a diverse portfolio devoted to providing business intelligence to senior decision makers who need to respond to challenges spanning various industries in the US and around the world. As a member of our sponsorship faculty, your organization will be deemed as a partner. We will work closely with your organization to create the perfect business development solution catered exclusively to the needs of your practice group, business line or corporation. For more information about this program or our global portfolio of events, please contact: Wendy Tyler, Director of Sales, American Conference Institute Tel: x5242 [email protected] Register Now

3 Day One: Thursday, June 25, :30 Registration and Continental Breakfast 8:00 Co-Chairs Opening Remarks Stephen Hoke Hoke Attorneys at Law LLC Scott M. Seaman Hinshaw & Culbertson LLP 8:05 Views from the Bench: Judicial Perspectives and Guidance for Insurance Coverage Litigation Hon. Ruben Castillo U.S. Dist. Ct., N.D. Ill. Hon. Donetta W. Ambrose U.S. Dist. Ct., W.D. Pa. Hon. Richard Schmidt U.S. Dist. Ct., S.D. Tex. Hon. Patrick J. Walsh U.S. Dist. Ct., C.D. Calif. Hon. Peter Flynn Cir. Ct. Cook Co., Ill. Hon. Richard Kramer San Francisco Super. Ct. Hon. Anthony J. Mohr Calif. Super. Ct., Los Angeles Co. Hon. Jose M. Rodriguez Eleventh Jud. Cir., Fla. Hon. Jeff Shadwick Harris Co. 55th Civil Dist. Ct., Tex. Moderator: Steven R. Gilford Proskauer Rose LLP 9:45 Networking and Refreshment Break 9:55 State of Existing Allocation Law, With a Focus on Asbestos, Environmental, and Other Long-Tail Claims Sharon T. Doherty Senior Coverage Counsel, NAC Claims Legal Group Zurich North America Jeffrey O. Davis Quarles & Brady LLP Laura A. Foggan Wiley Rein LLP Frank Winston Jr. Steptoe & Johnson LLP Tancred Schiavoni O Melveny & Myers LLP All sums o Impact of newer those sums language on allocation issues, including in states where allocation has been addressed under prior policy language o How credits for prior settlements are handled in allocation Pro rata o Start and end dates for proper application of pro rata allocation Others (e.g. New Jersey s approach in Carter Wallace) Texas approach Differences amongst the approaches to allocation used for asbestos, environmental, and other long-tail claims o Unique issues that arise o Best practices for overcoming unique challenges Other insurance clauses vs. public policy Independent counsel (Cumis) o Rights to and limitations on Cumis counsel o Examples of when the right is triggered 11:20 Relationship Between Allocation and Trigger, With a Focus on Asbestos, Environmental, and Other Long-Tail Claims James F. Dorion Managing Director - Global Practice Leader, Complex Liability & Risk Services Marsh Robert D. Goodman Debevoise & Plimpton LLP Stephen Hoke Hoke Attorneys at Law LLC Lynn H. Murray Shook, Hardy & Bacon L.L.P. Continuous trigger Others (e.g. Illinois triple trigger approach) Manifestation trigger (e.g. Keasbey) Uninsured periods Contribution permitted? Differences amongst the approaches to trigger used for asbestos, environmental, and other long-tail claims o Unique issues that arise o Best practices for overcoming unique challenges 12:40 Networking Luncheon for Speakers and Attendees 1:40 Second Wave Allocation Issues: SIRs, Deductibles, Exhaustion, and More Alex E. Potente Sedgwick LLP Donna J. Vobornik Dentons US LLP Timothy R. Sullivan McCormick Barstow, LLP Register Now

4 Day Two: Friday, June 26, 2015 Policy years with insolvencies SIRs and deductibles o Differences between SIRs and deductibles o Exhaustion of same o Key question for policyholders how many SIRs do they pay? o Bankruptcy considerations Number of occurrences Non-cumulation clauses Horizontal exhaustion - exhaustion by layers (primary vs. excess) o Who is responsible for gaps as coverage in a given layer exhausts? o Lincoln Electric White space (i.e. underinsured years due to exhaustion or failure to buy enough coverage) Stacking issues o Types of policies that can be stacked o Impact of SIRs, deductibles, etc. Issues that can arise as policy layers exhaust o How do you prove exhaustion of underlying coverage? o What do you do when excess insurers refuse to acknowledge exhaustion? o Who controls the defense when some coverage is primary and the rest is excess or exhausted with no defense duty? 3:00 Networking and Refreshment Break 3:10 Importance of Choice of Law: Assessing the Current Rules in Key Jurisdictions, Recent Allocation Rulings and Their Impact on Disputes, and More Robert M. Horkovich Anderson Kill, P.C. Suzanne C. Midlige Coughlin Duffy LLP Recent allocation rulings and their impact on current and future allocation trends and disputes Assessing the various jurisdictional approaches to allocation Current rules in key jurisdictions Unresolved issues and the next possible battlegrounds Advantage of filing first? Benefits of securing a favorable jurisdiction 4:10 Allocation of Defense Costs in the D&O Context Tyler C. Gerking Farella Braun + Martel LLP Susan White Manatt, Phelps & Phillips, LLP Defense v. indemnity for defense Exclusions impact Allocation between covered and uncovered claims Allocation when the entity is covered but not individuals Allocation between defense costs and indemnity costs 5:00 Conference Adjourns 7:30 Continental Breakfast 8:00 Excess Insurance: Questions Raised by Qualcomm and Issues Relating to the Duty to Defend Scott M. Seaman Hinshaw & Culbertson LLP Steven C. Schwartz Chaffetz Lindsey LLP Seth D. Lamden Neal, Gerber & Eisenberg LLP Helen K. Michael Kilpatrick Townsend & Stockton LLP Does a primary carrier s settlement for less than its full limits trigger the excess policy status? Settlement considerations when in a Qualcomm jurisdiction Where do key jurisdictions stand with respect to these issues? Case law regarding duty to defend by excess carriers Case law regarding possible drop down by excess carriers 9:15 Allocation Issues That Arise When Reinsurance is Involved Dennis Helewa Vice President & Assistant Counsel, Claims SCOR Michael J. Blair Vice President - Environmental Claims Gen Re - A Berkshire Hathaway Company Ira J. Belcove Butler Rubin Saltarelli & Boyd LLP Amy R. Paulus Clausen Miller P.C. Marc L. Abrams Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Follow the fortunes clauses How binding are a cedant s settlement allocations? Key points of contention between cedents and reinsurers o Number of deductibles Assessment of recent key cases 10:35 Networking and Refreshment Break 10:45 Bankruptcy, Insolvency, and Their Impact on Insurance Allocation Robert Lenahan Associate General Counsel Legion Insurance Company (In Liquidation) Peter L. Tracey Perkins Coie LLP Ernesto R. Palomo Locke Lord LLP Join the Conversation ACI: / #ACIInsurance

5 Jeanine D. Clark Margolis Edelstein Allocation in policyholder bankruptcies o Different approaches o Valuing future losses - Garlock discussion/update - Valuing supplemental defense costs (i.e. costs in addition policies) o Standing issues Defunct companies o Revival of defunct companies to access insurance state of the law o Who controls defense and settlement and related issues? Recovery from insolvent insurers o Status of U.S. and UK law o Allocation approaches - Prevalence of the pro rata approach in the U.S. and UK - Choice of law Midland (all sums possible in New York) o Is IBNR permitted? - How do you value this? o How to prepare and present a claim - Trigger and date of first exposure (DOFE) issues - Exhaustion issues - How do you value the impact of exclusions (e.g. pollution exclusion)? State Guaranty Associations o Assessing the impact of Farmers Mutual - No contribution for other insurers - Is this case a sign of things to come or an outlier? - Impact on Carter Wallace ruling regarding insolvents 12:00 Resolving Allocation Disputes Through Mediation Cassandra S. Franklin Managing Attorney Claims Coverage Counsel Allianz Global Corporate & Specialty Jeff Kichaven Principal Mediator Jeff Kichaven Commercial Mediation Eileen King Bower Troutman Sanders LLP Mediation strategies to use when negotiating settlements in jurisdictions with unsettled allocation issues, multiple claimants, and concepts unfamiliar to plaintiffs counsel and insureds Navigating the mediation process when disputes over limits or coverage are involved Unique considerations for mediating allocation among consecutive policy periods, overlapping types of coverage, and/or multiple parties Setting the stage in advance of mediation How to select an effective mediator for allocation 1:00 Conference Ends WHO YOU WILL MEET: Insurance Professionals, Including - Directors - Claims Managers - In-House Counsel - Actuaries Attorneys Specializing In: - Insurance Coverage Litigation - Insurance recovery - Reinsurance Insurance mediators Industry consultants Continuing Legal Education Credits Earn CLE Credits Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation. ACI certifies that the activity has been approved for CLE credit by the New York State Continuing Legal Education Board. ACI certifies that this activity has been approved for CLE credit by the State Bar of California. You are required to bring your state bar number to complete the appropriate state forms during the conference. CLE credits are processed in 4-8 weeks after a conference is held. ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request. Questions about CLE credits for your state? Visit our online CLE Help Center at Continuing Professional Education Credits American Conference Institute (ACI) will apply for Continuing Professional Education credits for all conference attendees who request credit. There are no pre-requisites and advance preparation is not required to attend this conference. Course objective: An exploration and analysis of allocation and its relationship to the business of insurance. Recommended CPE Credit: 12.5 hours. ACI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, or by visiting the web site: Register Now

6 American Conference Institute s 2nd National Forum on INSURANCE ALLOCATION Expert Strategies for and Key Insights into the Most Challenging Allocation Issues Facing Policyholders, Insurers, and Reinsurers June 25-26, 2015 The Omni Chicago Hotel on the Magnificent Mile Chicago, IL MAIL American Conference Institute 45 West 25th Street, 11th Floor New York, NY PRIORITY SERVICE CODE.741L15.S PHONE REGISTRATION FORM 5 Easy Ways to Register FAX Inquire about special rates for in-house and government ONLINE InsAllocation CustomerService@ AmericanConference.com Payment Policy Payment must be received in full by the conference date. All discounts will be applied to the Conference Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to individuals employed by the same organization. ATTENTION MAILROOM: If undeliverable to addressee, please forward to: Insurance Coverage Attorney; Insurance Claims Professional CONFERENCE CODE: 741I15-CHI o YES! Please register the following delegate for Insurance Allocation CONTACT DETAILS NAME APPROVING MANAGER ORGANIZATION ADDRESS JOB TITLE CITY STATE ZIP CODE TELEPHONE FAX TYPE OF BUSINESS o I would like to receive CLE accreditation for the following states:. See CLE details inside. Cancellation and Refund Policy You must notify us by at least 48 hrs in advance if you wish to send a substitute participant. Delegates may not share a pass between multiple attendees without prior authorization. If you are unable to find a substitute, please notify American Conference Institute (ACI) in writing up to 10 days prior to the conference date and a credit voucher valid for 1 year will be issued to you for the full amount paid, redeemable against any other ACI conference. If you prefer, you may request a refund of fees paid less a 25% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the conference date. ACI reserves the right to cancel any conference it deems necessary and will not be responsible for airfare hotel or other costs incurred by registrants. No liability is assumed by ACI for changes in program date content speakers or venue. Hotel Information American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a preferential rate. Please contact the hotel directly and mention the ACI June conference to receive this rate. Venue: Omni Chicago Hotel Address: 676 North Michigan Avenue, Chicago, IL Reservations: or Registration Fee The fee includes the conference all program materials continental breakfasts lunches and refreshments. Incorrect Mailing Information If you would like us to change any of your details please fax the label on this brochure to our Database Administrator at , or [email protected]. ACI reserves the right to deny admission to anyone, at any time, for any reason. Missed A Conference Order The Conference Materials Now! If you missed the chance to attend an ACI event, you can still benefit from the conference presentation materials. To order the Conference Materials, please call or visit: FEE PER DELEGATE Advance Pricing On or Before May 8, 2015 Standard Pricing After May 8, 2015 o Conference Only $2095 $2295 o Please reserve additional copies of the Conference Materials at $199 per copy. GROUP PRICING 1-2 No Discount % Discount % Discount PAYMENT Please charge my o VISA o MasterCard o AMEX o Discover Card o Please invoice me NUMBER EXP. DATE CARDHOLDER oi have enclosed my check for $ made payable to American Conference Institute (T.I.N ) o ACH Payment ($USD) Please quote the name of the attendee(s) and the event code 741I15 as a reference. For US registrants: Bank Name: HSBC USA Address: 800 6th Avenue, New York, NY Account Name: American Conference Institute UPIC Routing and Transit Number: UPIC Account Number: Non-US residents please contact Customer Service for Wire Payment information 7 20% Discount More than 7 Call Special Discount We offer special pricing for groups and government employees. Please or call for details. Promotional discounts may not be combined. ACI offers financial scholarships for government employees, judges, law students, nonprofit entities and others. For more information, please or call customer service.