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 Program Agenda

8:00a.m. – 9:00a.m.
Registration and Continental Breakfast

9:00a.m. – 9:15a.m.
Opening Remarks and Introduction

9:15a.m. – 10:30a.m.
The Basic Allocation Methodologies

  • Fundamental allocation methodologies, including the “all sums” methodology and the various pro rata approaches
  • Horizontal and vertical exhaustion
  • What are the approaches? How do they work?
  • Policy language supporting the approaches
  • Equities and other arguments supporting different methodologies
  • Breakdown of decisional law
  • Trends of decisions
  • Perspectives from the policyholder and insurer points of view
  • Collapsing vs. non-collapsing coverage blocks

10:30a.m.-10:45a.m. BREAK

10:45a.m. – 12:00p.m.
Examining Cutting Edge Allocation Issues: Exploring Various Hot Topics in Allocation, Including:

  • Multi-year policies
  • Stub periods and extensions
  • Impact of insurance “unavailability”
  • Different lines of coverage
  • Number of occurrences
  • Defense vs. indemnity from the policyholder and insurer points of view

12:00p.m. – 1:00p.m. Luncheon

1:00p.m. – 2:30p.m.
Emerging Issues and Important Developments

  • Global warming and climate change claims
  • Nanotechnology claims
  • Policyholder bankruptcies
  • Allocation modeling and cost evaluation
  • Impact of tort reform, inactive dockets and legislation

2:30p.m. – 3:30p.m.
Reallocation Among Settled and Non-Settled Insurers

  • Coverage settlements
  • Contribution and subrogation claims, theories and defenses
  • Types of “other insurance clauses” and how they interact
  • Impact of insurer settlements and settlement credits
  • Impact of policyholder indemnity

3:30p.m. – 3:45p.m. BREAK

3:45p.m. – 5:15p.m.
Allocation Issues Presented by the Cession: Exploring Allocation Issues in the Context of Reinsurance Cessions from the Perspectives of Ceding Companies, Reinsurers and Experienced Umpires, Including:

  • Bases upon which the allocation was made
  • Impact of select provisions in reinsurance treaties and facultative certificates
  • Aggregation and loss occurrence issues
  • Impact of follow the fortunes, settlement and form principles
  • Reinsurance red flags
  • Effective arbitration strategies and techniques

5:15p.m. – 5:30p.m. Recap

  • Placing themes in context
  • Identifying trends
  • Question and answer session
McLaughlin on Class Actions

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