My presentation will include a discussion about the following points, in the context of insurance coverage for asbestos claims:
• The impact of products hazard versus premises/operations (non-products) claims
• The impact of the number of occurrences
• The impact of additional insureds
• Issues relating to annualized limits
• Types of actions – from Wellington arbitrations to claims alleging misrepresentation
We all know what happens in summer time – lounging by the pool, re-runs on TV, and scrambling for CLE, right? Of course, your thirst for knowledge about the latest information in the world of insurance coverage and asbestos claims remains unquenched. Do I have the solution for you! Sign up for the Asbestos Insurance Litigation Audiocast with Live Q&A. It will run on July 15, 2010 from 1:00 pm to 4:30 pm Eastern. You’ll be able to get Continuing Legal Education credit right from your desk! And, like they say on tv, “if you haven’t seen it [live when we presented this information in Philadelphia], it’s new to you!” Plus, unlike tv shows being run for an encore round, this CLE will have live Q&A. Live! You can ask questions, and you won’t have to go through voicemail jail or hear that your question is important to us, so please keep holding.* Click here for a link to the full agenda.
My presentation includes a fascinating discussion about premises/operations insurance coverage, also known as “non-products” amongst us cool insurance practitioners.
My presentation will include a discussion about the following points, in the context of insurance coverage for asbestos claims:
• The impact of products hazard versus premises/operations (non-products) claims
• The impact of the number of occurrences
• The impact of additional insureds
• Issues relating to annualized limits
• Types of actions – from Wellington arbitrations to claims alleging misrepresentation
It should be a great CLE, as the three panelists have a good deal of experience in litigating coverage for asbestos claims, both in coverage litigation in state and federal courts, as well as in the context of asbestos-related bankruptcies, including adversary actions.
Here’s the agenda:
• Choice of law: what rules govern your claims and policies
• Update on current coverage litigation cases that are impacting the litigation
• The contribution issue in light of Keasbey
• Allocation issues–the ol’ debate–pro rata or all sums: the jurisdictions still at play and why
• Multiple party, multiple policy claims on the rise: why and what kinds of cases are we seeing?
• Insurance and bankruptcy: premises/operations claims and standing in a 524(g) plan?
• The big elephant in the room–MMSEA: what are the insurers and self-insured responsibilities with reporting?
I just received an e-mail with a link to Part Four of my speech on “non-products” (premise-operations) coverage for asbestos claims against former asbestos insulation contractors, installers, and insulators. The speech was at HB Litigation Conferences’ Emerging Asbestos Litigation Conference held March 9-11, 2009, in Beverly Hills, at the Four Seasons Hotel. The clip of the speech is below. And if you’re interested in purchasing the materials from the conference (video and handouts), head over to HB Litigation’s site.
I spoke at HB’s Emerging Asbestos Litigation Conference held March 9-11, 2009, in Beverly Hills, and HB Litigation Conferences has been kind enough to put my presentation online. In the first of three clips, I discuss coverage concepts including product hazard, premises, completed operations hazard, and more. This is Part One.
Recently, I gave a presentation regarding insurance coverage for the people at HB Litigation Conferences. The conference was Emerging Trends in Asbestos Litigation. Along with two co-panelists, I presented on insurance coverage issues for insulation contractors and premises owners who are facing asbestos claims. The presentation, which you can find here: Insurance_Coverage_Issues_for_Asbestos_Non-Products, discusses the potential for multiple policy limits of insurance coverage to apply to asbestos claims.
Discussion of the New York Supreme Court’s decision ruling that unaggregated premises/operations (aka “non-products”) insurance coverage is available to a class of asbestos claimants.
Read the rest of what Lexis has featured as “expert commentary” here, on Lexis. (Subscription required)
Law360, New York (August 10, 2007) — One of the most hotly contested questions in the asbestos insurance coverage area is whether certain asbestos-related bodily injury claims fall outside of the products hazard and completed operations hazard in standard form comprehensive general liability (“CGL”) policies.
Insurers view this as a “bet the company” dispute because third-party claims that fall outside of those hazards—so-called non-products claims—are not subject to aggregate limits in most CGL policies….
Read the rest of the post here, at Law360. (Subscription required)
This article contains a discussion of premises/operations insurance coverage for insulation contractors facing asbestos claims, the multiple limits of coverage available for such claims, and the burden of proof required when litigating such claims between policyholders and insurance companies.
A discussion of the recent Pennsylvania decision in which the court affirmed that the completed operations hazard does not apply to tort claims regarding allegations of failed duty to warn.
Read the rest of what Lexis has featured as “expert commentary” by clicking here, on Lexis. (Subscription required)
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