Tag Archives: Asbestos

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

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.

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Asbestos Insurance Litigation Audiocast with Live Q&A

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 Hot Buttons in Asbestos Insurance Litigation”

On Wednesday, June 23, 2010. from 2:00 – 3:40 pm (Eastern).  I’m going to be part of a panel discussing “The Hot Buttons in Asbestos Insurance Litigation.”

We’re going to cover:

  • The Keasbey ruling: contribution and trigger
  • Allocation–pro rata or all sums: jurisdictions still at play, choice of law and related
  • Aggregate limits and “non-products” disputes
  • Insurance and bankruptcy: the current landscape
  • This discussion qualifies for between 1.5 to 2.0 continuing legal education (CLE) credits, depending on state requirements. View the CLE credit details.

    Want to sign up?  Purchase the teleconference Audio Package (includes MP3 audio recording files and handbook on CD). To order or learn more, click here, call 484-324-2755, or email allison.emery@litigationconferences.com.

    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.

    Join me for the “Asbestos Insurance Litigation Conference.”

    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.

    “Issues Confronting Insureds and Excess Insurers in Large-Scale, Long-Tail Claims”

    At the 2010 Insurance Coverage Litigation Committee CLE Seminar, which the American Bar Association Insurance Coverage Litigation Committee hosted in Tucson, Arizona on March 4-6, 2010, I filled in for my former colleague, Jim Murray, for the plenary session”Knockin’ on Heaven’s Door:  Perspectives on Litigation and Negotiation of High-Damage Claims in 2010 and Beyond.”  I was joined by William B. Hedrick of Marsh USA Inc., Laura McKay of Hinkhouse Williams Walsh LLP, Gordon McKay of Arcina Risk Group, and Jeffrey M. Posner of JM Posner, Inc.

    We had a great discussion about the practical issues facing policyholders and insurance companies when claims reach high level excess policies.  Our topics ranged from the duty to defend, changes in London market insurance in the last few decades, and who handles and pays for claims handling when in high levels of coverage.

    The Lexis Insurance Law Center has posted a brief recap of the panel and the supporting materials, in a blog post entitled “Issues Confronting Insureds and Excess Insurers in Large-Scale, Long-Tail Claims.”  You can see the post 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. 2010.

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

    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.

    “Pay No Attention To The Insurer Behind The Curtain!”

    discovery of reinsurance treaty

    Insurance Law360 just published a piece that I wrote explaining why reinsurance information should be discoverable in the context of insurance coverage disputes between insurance companies and their policyholders.  Here’s the opening paragraph:

    Like that adage from political campaigns — if you repeat something often enough, it will be accepted as true — insurers in insurance coverage disputes with their policyholders assert time and time again that reinsurance documents are irrelevant to how their policy language should be interpreted and how the policyholders’ claims should be covered.

    But reinsurance information is not irrelevant, of course.  In fact, it’s just the opposite in the context of coverage disputes.  Why, then, do insurance companies argue so vociferously that reinsurance is not discoverable?

    Insurance companies fight to keep reinsurance documents from seeing the light of day in coverage disputes with their policyholders because reinsurance documents contain relevant, and likely unguarded, discussions of the appropriate insurance coverage for the claims, as illustrated by insurers’ and reinsurers’ publicly available briefs, pleadings and exhibits to court filings.

    I give several reasons why reinsurance is discoverable and why it’s relevant.  For example, in one of the sections, I explain that “reinsurance documents are relevant because  they discuss the policyholder’s claims, how those claims fit within the disputed insurance policies, and notice of the claims.”  And what could be more relevant to a coverage dispute than that?

    Now that I’ve whet your appetite on the subject, click on over to Insurance Law360 to see the article.  Or, check out the reprint here, hosted on Dickstein Shapiro LLP’s website.

    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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