Category Archives: Premises/operations (non-products) coverage

Join me for “Revisiting Policy Limits,” part of HB’s “Asbestos Insurance Litigation Audiocast” CLE

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On August 10, 2011, from 1:00 pm to 3:30 pm (Eastern), my friends at HB Litigation Conferencesare hosting a CLE  teleconference: “Asbestos Insurance Litigation Audiocast.” It is going to be a great event. I’m going to be speaking at 1:00 pm, presenting with Jack Gerstein on a panel titled, “Revisiting Policy Limits.” You can review the entire agenda by clicking here (PDF).  You’ll get either 3 or 3.5 CLE credits, depending on your jurisdiction.

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

To register, you can download the Registration Form (PDF) and mail/fax/email it to HB Litigation Conferences, complete the online form, or e-mail or call Brownie Bokelman at 484-324-2755 x 212 to register.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2011.

myspace profile views counterNote: as a speaker at the conference, I will not be charged a fee to attend the remainder of the conference.

Asbestos Insurance Litigation Audiocast with Live Q&A

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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.

To register, download the Registration Form and mail/fax/email it to my friends at HB, complete the online form, or call Brownie Bokelman at 484-324-2755 x 212 to register.

* Actually, I can’t guarantee that you won’t hear that.
Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2010.

Note:  as a speaker at the conference, I was not charged a fee to attend the remainder of the conference.

Join me for the “Asbestos Insurance Litigation Conference.”

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On April 21, 2010, from 9:00 am to 5:30 pm (Eastern), my friends at HB Litigation Conferences are hosting a live CLE : “Asbestos Insurance Conference.”  It is going to be a great event.  I’m going to be speaking at 11:30 am, presenting on a panel titled, “Revisiting Policy Limits.”  You can review the entire agenda by clicking here (PDF).  To find information on CLE credits, click here.

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

To register, you can download the Registration Form (PDF) and mail/fax/email it to HB Litigation Conferences, complete the online form, or e-mail or call Brownie Bokelman at 484-324-2755 x 212 to register.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2010.

myspace profile views counterNote:  as a speaker at the conference, I was not charged a fee to attend the remainder of the conference.

Join me for “The Hot Buttons in Asbestos Insurance Litigation.”

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On March 30, 2010, from 2:00 – 3:40 pm (Eastern), I will be presenting at a CLE teleconference:  “The Hot Buttons in Asbestos Insurance Litigation,” hosted by HB Litigation Conferences.  My co-presenters will be Barry Buchman of Gilbert LLP andAndrew Frankel of Simpson Thacher & Bartlett LLP.

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?

To register, you can download the Registration Form and mail/fax/email it to HB Litigation Conferences, complete the online form, or e-mail or call Brownie Bokelman at 484-324-2755 x 212 to register.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2010.

myspace profile views counterNote:  as a speaker at the conference, I was not charged a fee to attend the remainder of the conference.

Video CLE: Insurance Coverage for Premises/Operations (“Non-Products”) Claims

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The fine folks at LexisNexis have created an online Continuing Legal Education center in the Insurance Law Center.   They’ve created a CLE out of the presentation that I gave for HB Litigation Conferences regarding insurance coverage for asbestos premises/operations claims (often, claims against premises owners or insulation contractors).  You can find the CLE, titled Emerging Trends in Asbestos Litigation: Insurance Coverage Issues for Asbestos Non-Products, by clicking here.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.
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Note:  as a speaker at the conference, I was not charged a fee to attend the remainder of the conference.

Part 4 of My Speech on Insurance Coverage for Asbestos Non-Products Claims at HB Litigation Conferences

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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.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.

myspace profile views counterNote:  as a speaker at the conference, I was not charged a fee to attend the remainder of the conference.

Part One of My Speech on Insurance Coverage for Asbestos Non-Products Claims at HB Litigation Conferences

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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.

For Part 2, click here.  For Part 3, click here.

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Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.

Note:  as a speaker at the conference, I was not charged a fee to attend the remainder of the conference.

How Can Insulation Contractors Maximize the Value of their Insurance Policies?

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hblitigation

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.

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Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.

Note:  as a speaker at the conference, I was not charged a fee to attend the remainder of the conference.

Scott N. Godes on the New York Supreme Court’s Recent Decision Rejecting the Application of the Products Hazard and Aggregate Limits For Asbestos Claims Against Insulation Contractor: Continental Casualty Co. v. Employers Insurance Co. of Wausau

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Scott N. Godes [formerly] is counsel in Dickstein Shapiro’s Insurance Coverage Practice.

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)

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Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.

N.Y. Asbestos Claims Not Subject To Aggregate Limits

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Scott N. Godes [formerly] is counsel in Dickstein Shapiro’s Insurance Coverage Practice.

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)

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Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.

Eleven Years After Frontier and Porter Hayden, Insurers Still Wrongfully Refuse to Provide Premises-Operations Coverage: An Analysis of the Keasbey Decision

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Scott N. Godes [formerly] is counsel in Dickstein Shapiro’s Insurance Coverage Practice.

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.

Read the rest of the article here, published in Coverage Journal.

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Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.

Scott N. Godes on Bombar v. West American Insurance Company

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Scott N. Godes [formerly] is counsel in Dickstein Shapiro’s Insurance Coverage Practice.

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)

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.

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