Tuesday, November 7, 2006
Registration and Continental Breakfast
Welcome & Introductory Remarks
• Learn why a conference on “all sums” is necessary?
• Discussion on how “all sums” works in practice?
• What happens after the initial “vertical spike?”
• Does reallocation convert “all sums” back to “pro rata?”
James R. Murray, Esq., Gordon Murray Tilden LLP, Seattle
Eileen T. McCabe, Esq., Mendes & Mount, LLP, New York
All Sums / Pro Rata – An Overview
An update on these two allocation approaches to see what states are doing and how the approaches are playing out in the courts
• The playing field – explanation of “all sums” versus “pro-rata”
• Other allocation approaches
• The critical importance of the allocation “sub-issues”
• Scorecard – How the states are ruling?
• Trends in case law
Policyholder: Christopher R. Hermann, Esq., Stoel Rives LLP, Portland, OR
Carrier: John C. Yang, Esq., Wiley Rein & Fielding LLP, Washington, DC
The Differences and Similarities in Dealing with Primary vs. Excess Carriers
• Are primary and excess carriers treated differently for purposes of reallocation and settlement credits
• Theoretical underpinnings
• Horizontal exhaustion
• The Zieg rule
• Trends in the case law
Policyholder: Michael H. Ginsberg, Esq., Jones Day, Pittsburgh
Carrier: Gregory P. Deschenes, Esq., Nixon Peabody LLP, Boston
Additional speakers to be announced
Number of Occurrences
• Three year policies
• One occurrence vs. multiple occurrences
• How do aggregates factor into this
• What happens to other insurers?
• Those above? Drop down? Same layer?
• Impact of an all sums or pro rata methodology
Policyholder: Curtis D. Porterfield, Esq., Howrey LLP, Los Angeles
Carrier: Robert J. Keane, Esq., Mendes & Mount, LLP, New York
Reallocation – With Nonsettled Insurers
• Options for the “spiked” insurer after the “all sums” spike
• Contributions against other “non-spiked” insurers
• Settled versus non-settled insurers
• The importance of “other insurance” clauses
• Handling reallocation in settlement versus litigation
Policyholder: John D. Shugrue, Esq., Morgan, Lewis & Bockius, LLP, Chicago
Carrier: Michael F. Aylward, Esq., Morrison Mahoney LLP, Boston
Reallocation – With Settled Insurers and Settlement Credits
• Is contribution allowed? Can a non-settled insurer sue a settled insurer for contribution? Considerations include: policyholder indemnity; public policy favoring settlements; and rule against double recovery
• Credit for settled policy limits
• Credit based on pro-rata limits
• Credit based on actual amounts of settlements
Policyholder: Franklin D. Cordell, Esq., Gordon Murray Tilden LLP, Seattle
Carrier: Maria G. Enriquez, Esq., Bates & Carey LLP, Chicago
Adopting an All Sums or Pro Rata Approach
Mock Oral Argument on Summary Judgment Motion
Two of the nation’s leading coverage attorneys will face off in a cross summary judgment argument before a sitting trial court judge on whether the court, in a case of first impression, should adopt an “all-sums” or “pro-rata” approach in an asbestos coverage lawsuit. The case involves progressive, latent bodily injury occurring over decades, with some years in which the policyholder is uninsured and other years in which it has significant layers of excess cover.
What is the law? What is fair?
Policyholder: William F. Greaney, Esq., Covington & Burling, Washington, DC
Carrier: James E. Rocap, Esq., Steptoe & Johnson LLP,
Judge: Hon. Leila R. Kern, Associate Justice, Superior Court of Massachusetts, Boston, MA
Question and Answer Wrap Up
The registration fee includes a continental breakfast, luncheon, attendance at all conference sessions, a copy of the conference handbook on CD, coffee breaks, and continuing education credit processing. The registration fee is $995 for the first attendee.
CLE, CPD, CPCU & CPE Credits Also Included
Mealey’s™ conferences are worth an average of 6 to 8 CLE credit hours. CLE credit will be available for all mandatory CLE states. International accreditation will also be available at this conference, as will CPCU credit through the American Institute for CPCU and CPE credit through NASBA. For more information or to confirm the exact CLE credit approval for your state(s) of license, please visit www.mealeys.com or call 1-800-MEALEYS. *Approval pending at time of printing.
LexisNexis Mealey’s 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. Web site: www.nasba.org.
How to Register
Please register online at www.mealeys.com/conferences, fax your registration form to (610)768-0880, call 1-800-MEALEYS, (610)768-7800, e-mail email@example.com or mail your registration form with payment to LexisNexis Mealeys, P.O. Box 7247-6167, Philadelphia, PA 19170-6167. Receipt of payment guarantees your registration. A $100 service fee may be charged for any on-site registrations.
• Corporate Discount — $200 off — $795
• Additional registrants from the same firm or company — $150 off — $845
• Government employees — one-third off — $665
• Paralegals — two-thirds off — $265
• Sitting judges — attend free
• Group Pricing Available - contact Mealeys regarding additional savings for your firm’s practice group or legal department. Package pricing available for a single conference
or a series of conferences.
*Cannot be combined with any other offer.
*Corporate discount not applicable to law firms or outside counsel.
Registrants who cancel up to 4 weeks prior to the conference date will receive a full refund. Registrants canceling from 4 weeks-2 weeks prior to the conference date will receive a full credit towards another Mealey’s conference. Cancellations made after 2 weeks prior to the conference date will be subject to a 25% administrative fee; the remaining amount will be credited towards another Mealey’s conference. Credits must be used within six months of the date of issuance. Attendees who are paid in full and do not attend the conference forfeit a refund or a credit voucher. Substitutions may be made at any time.
The Ritz-Carlton Hotel is located at 15 Arlington Street, just 30 minutes from Logan International Airport. Attendees should make reservations directly with the hotel by calling 617-536-5700. When making reservations, indicate that you are attending Mealey’s All Sums: Reallocation & Settlement Credits Conference, November 7, 2006. A block of rooms has been reserved for attendees at a rate of $235 a night for a single or double room. The cut-off date for this rate is October 13th. After that date, this rate will be offered based on space availability. Please note, there are a limited number of rooms in our room block so make your reservations early. For alternative hotels, please call us at (610) 768-7800.
View details on the web at http://www.mealeys.com/con_agendas/AllSums1106.html