1. finance
2. personal finance
3. insurance

American Conference Institute’s 2nd National Forum on
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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
An unparalleled opportunity
to network with and obtain
valuable insights and
strategic advice from
our exceptional faculty,
including:
Industry leaders from policyholders, insurers,
and reinsurers will examine today’s key allocation
issues, including:
Sharon T. Doherty
Senior Coverage Counsel,
NAC Claims Legal Group
Zurich North America
• The relationship between allocation and trigger, with a focus
on asbestos, environmental, and other long-tail claims
Dennis Helewa
Vice President & Assistant Counsel,
Claims
SCOR
Cassandra S. Franklin
Managing Attorney – Claims
Coverage Counsel
Allianz Global Corporate &
Specialty
• The state of existing allocation law, 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
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.
Michael J. Blair
Vice President - Environmental
Claims
Gen Re - A Berkshire Hathaway
Company
• Bankruptcy, insolvency, and their impact on insurance
allocation
Hon. Richard Kramer
San Francisco Super. Ct.
• Allocation of defense costs in the D&O context
James F. Dorion
Managing Director – Global Practice
Leader, Complex Liability & Risk
Services
Marsh
• Allocation issues that arise when reinsurance is involved
Hon. Anthony J. Mohr
CA Super. Ct., LA
Robert Lenahan
Associate General Counsel
Legion Insurance Company
(In Liquidation)
• Resolving allocation disputes through mediation
Distinguished Co-Chairs:
Stephen Hoke
Hoke Attorneys at Law LLC
Scott M. Seaman
Hinshaw & Culbertson LLP
Hon. Jose M. Rodriguez
Eleventh Jud. Cir., Fla
Hon. Jeff Shadwick
Harris Co. 55th Civil Dist.
Ct., Tex.
Register Now | 888-224-2480 | AmericanConference.com/InsAllocation
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
•
•
•
•
Bankruptcy, insolvency, and their impact on insurance allocation
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
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
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: 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
• 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
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.
11:20
Hon. Patrick J. Walsh
U.S. Dist. Ct., C.D. Calif.
Relationship Between Allocation and
Trigger, With a Focus on Asbestos,
Environmental, and Other Long-Tail Claims
Hon. Peter Flynn
Cir. Ct. Cook Co., Ill.
James F. Dorion
Managing Director - Global Practice Leader, Complex
Liability & Risk Services
Marsh
Hon. Richard Kramer
San Francisco Super. Ct.
Robert D. Goodman
Debevoise & Plimpton LLP
Hon. Anthony J. Mohr
Calif. Super. Ct., Los Angeles Co.
Stephen Hoke
Hoke Attorneys at Law LLC
Hon. Jose M. Rodriguez
Eleventh Jud. Cir., Fla.
Lynn H. Murray
Shook, Hardy & Bacon L.L.P.
Hon. Jeff Shadwick
Harris Co. 55th Civil Dist. Ct., Tex.
•
•
•
•
•
•
Moderator:
Steven R. Gilford
Proskauer Rose LLP
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
9:45
Networking and Refreshment Break
9:55
State of Existing Allocation Law, With a
Focus on Asbestos, Environmental, and
Other Long-Tail Claims
12:40
Networking Luncheon for
Speakers and Attendees
Sharon T. Doherty
Senior Coverage Counsel, NAC Claims Legal Group
Zurich North America
1:40
Second Wave Allocation Issues: SIRs,
Deductibles, Exhaustion, and More
Jeffrey O. Davis
Quarles & Brady LLP
Laura A. Foggan
Wiley Rein LLP
Frank Winston Jr.
Steptoe & Johnson LLP
Tancred Schiavoni
O’Melveny & Myers LLP
Register Now | 888-224-2480 | www.AmericanConference.com/InsAllocation
Alex E. Potente
Sedgwick LLP
Donna J. Vobornik
Dentons US LLP
Timothy R. Sullivan
McCormick Barstow, LLP
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
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
Dennis Helewa
Vice President & Assistant Counsel, Claims
SCOR
Michael J. Blair
Vice President - Environmental Claims
Gen Re - A Berkshire Hathaway Company
Robert M. Horkovich
Anderson Kill, P.C.
Ira J. Belcove
Butler Rubin Saltarelli & Boyd LLP
Suzanne C. Midlige
Coughlin Duffy LLP
Amy R. Paulus
Clausen Miller P.C.
• 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
•
•
•
•
•
5:00
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
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
Robert Lenahan
Associate General Counsel
Legion Insurance Company (In Liquidation)
Peter L. Tracey
Perkins Coie LLP
Ernesto R. Palomo
Locke Lord LLP
Conference Adjourns
Join the Conversation
Allocation Issues That Arise When
Reinsurance is Involved
ACI: Reinsurance/Insurance
@Insurance_ACI / #ACIInsurance
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
• 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
Accreditation will be sought in those jurisdictions requested
CLE by the registrants which have continuing education
Credits
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.
Jeff Kichaven
Principal Mediator
Jeff Kichaven Commercial Mediation
Questions about CLE credits for your state? Visit our online CLE Help
Center at www.americanconference.com/CLE
Eileen King Bower
Troutman Sanders LLP
Continuing Professional Education Credits
• 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
WHO YOU WILL MEET:
Conference Ends
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
Register Now | 888-224-2480 | www.AmericanConference.com/InsAllocation
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
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