FRIDAY, JANUARY 23, 2009
7:00 a.m.-4:30 p.m. 7:15 a.m.-8:15 a.m. 7:00 a.m.-8:00 a.m.
REGISTRATION, EXHIBITS AND ORGAN DONOR SIGN-UP CONTINENTAL BREAKFAST
WOMEN’S NETWORKING BREAKFAST Sponsored by the Women’s Subcommittee, this is your opportunity to enjoy a relaxing breakfast and meet some new friends. No agenda, no speakers; just breakfast and great conversation with some wonderful women. Sign up on the registration form.
8:15 a.m.-8:25 a.m.
WELCOME E. A. “Seth” Mills, Jr. FSLC Committee Chair Mills Paskert Divers Tampa, FL
8:25 a.m.-8:35 a.m.
INTRODUCTION TO DAY TWO
Mike F. Pipkin Program Co-Chair Sedgwick, Detert, Moran & Arnold, LLP Dallas, TX
Scott L. Schmookler Program Co-Chair Clausen Miller, P.C. Chicago, IL
8:35 a.m.-9:10 a.m.
CO-INSURANCE, CO-SURETYSHIP, AND EXCESS INSURANCE IN TODAY’S MARKETPLACE As contractors, insurers and sureties face larger, high-risk exposures, they commonly look for other insurers and sureties to share the risk. This session will explore the nature of co-insurance, co-suretyship, and excess insurance, and the decision-making process underlying the decision to enter such relationships.
Steve Balmer Travelers Philadelphia, PA
Dave Finkelstein Liberty Mutual Surety Plymouth Meeting, PA
9:10 a.m.-9:55 a.m.
I’M EXHAUSTED! RECENT CASE LAW ON POLICY LIMITS AND THE BURGEONING CHALLENGES THAT CO-INSURERS AND CO-SURETIES FACE WHEN SETTLING A MULTI-INSURER CLAIM This presentation will address recent developments on the legal issues that arise when a primary carrier or excess carrier settles with an insured for an amount less than policy limits and the challenges that arise when primary and excess carriers (in both multi-level and shared pool arrangements) disagree on the resolution of a claim.
Lisa Le Nay Coplen Anderson, McPharlin & Conners, L.L.P. Los Angeles, CA
Rebecca Howald Manier & Herod Nashville, TN
9:55 a.m.-10:20 a.m. 10:20 a.m.-10:55 a.m.
COORDINATING INVESTIGATIONS BETWEEN OR AMONG CO-SURETIES When a claim arises against bonds written by co-sureties, it is important for the lead surety to coordinate the investigation, defense and resolution of the claim(s) with its co-sureties. This entails entering into a comprehensive co-surety agreement to avoid unnecessary duplication, inconsistency, conflict or delay, while proactively adjusting the claim. This session will address practical and legal issues attendant to co-surety claims-handling, including negotiating, drafting, understanding and complying with Co-Surety Agreements, the impact of overlapping Indemnity Agreements, identifying and dealing with conflicts of interest and/or disagreements between co-sureties, the use of shared or separate counsel, consultants and experts, the sharing of privileged documents and information under the common interest doctrine and joint defense agreements, and the impact of a co-surety’s insolvency.
Armen Shahinian Wolff & Samson PC West Orange, NJ
Kevin Lybeck Travelers Hartford, CT
10:55 a.m.-11:30 a.m.
11:30 a.m. 12:15 p.m.-1:45 p.m.
Maura Z. Pelleteri Krebs Farley & Pelleteri, PLLC
Allison Stal Chubb
New Orleans, LA BREAK FSLC LUNCHEON
PRACTICAL AND LEGAL IMPACT OF ONE CARRIER’S ACTIONS UPON ANOTHER CARRIER This session will explore the impact of one insurer’s handling of a claim on another insurer, including whether the admission of coverage by one carrier is binding on another carrier and whether an insurer is entitled to a credit for payments made by another insurer.
Please join us, especially at the FSLC’s 75th Anniversary Celebration, to hear remarks from our distinguished luncheon speaker Craig Donohue. Mr. Donohue is Chairman of CME Group, the holding company of the Chicago Mercantile Exchange, New York Mercantile Exchange and Chicago Board of Trade. Forbes has ranked Mr. Donohue as one of America's Best CEO’s. Mr. Donohue’s remarks will address the current issues facing our global economy, including its impacts on both international and commodities markets. We will