Register Now | 888-224-2480 | AmericanConference.com/InsAllocation
June 25-26, 2015 • The Omni Chicago Hotel on the Magnificent Mile • Chicago, IL
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
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)
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.
American Conference Institute’s 2nd National Forum on
INSURANCE
ALLOCATION
Inquire about
special rates
for in-house and
government
Earn
CLE/CPE
Credits
Expert Strategies for and Key Insights into the Most Challenging
Allocation Issues Facing Policyholders, Insurers, and Reinsurers
CustomerService@ AmericanConference.com
Distinguished Co-Chairs:
Stephen Hoke
Scott M. Seaman
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
1-888-224-2480
, faxing your registration
form to
1-877-927-1563
, or registering online at
www.AmericanConference.com/InsAllocation
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: 212-352-3220 x5242 | [email protected]
Register Now | 888-224-2480 | www.AmericanConference.com/InsAllocation
Day One: Thursday, June 25, 2015
7:30
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
• 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
Day Two: Friday, June 26, 2015
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
Register Now | 888-224-2480 | www.AmericanConference.com/InsAllocation
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
Continuing Legal Education Credits
Continuing Professional Education 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 www.americanconference.com/CLE
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, 37219-2417 or by visiting the web site: www.nasba.org
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 Earn CLE Credits
R E G I S T R AT I O N F O R M
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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.
Cancellation and Refund Policy
You must notify us by email 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 60611 Reservations: 800-843-6664 or 312-944-6664 Registration Fee
The fee includes the conference‚ all program materials‚ continental breakfasts‚ lunches and refreshments.
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If you would like us to change any of your details please fax the label on this brochure to our Database Administrator at 1-877-927-1563, or email [email protected].
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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 +1-888-224-2480 or visit: www.americanconference.com/conference_papers
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
PRIORITY SERVICE CODE
.741L15.S
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June 25-26, 2015 • The Omni Chicago Hotel on the Magnificent Mile • Chicago, IL
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
