In-House
Two highly concentrated days on insurance coverage for asbestos, construction products and building claims. Expert guidance on legal developments, key insurance coverage issues and innovative solutions for successfully resolving claims and disputes. You will benefit from immediate-use instruction on:
- Types of Insurance Policies That May Provide Coverage
- Coverage Exclusions and Denials
- In-Depth Review of Key Insurance Policy Terms
- Litigation Strategies
- Emerging Topics in Construction Defect Cases
- The Ongoing Asbestos Litigation
- Settlement and ADR Techniques
When - and to what extent - is insurance available for asbestos, construction products and building claims under current and past commercial insurance policies? Unfortunately, the answer to this question is rarely clear-cut and these issues have increasingly led to disagreements between insurers and policyholders over the terms and extent of policy coverage. And, they can take one additional step: they can frequently lead to the courtroom.
The key, for both sides: knowing all of the applicable rights, remedies and responsibilities. For insurers, knowing the parameters of coverage afforded by commercial policies, the developing areas of exposure, and how to manage it. For policyholders, knowing how to effectively identify potential claims and coverage situations - and being able to successfully present and carry through claims.
This special program presents a comprehensive analysis of just such subjects, including:
- Identifying potential insurance claims
- Review of coverage law on key terms implicated by asbestos, construction products and building claims
- Guidance and strategies for both sides in litigating coverage disputes
- Segment spotlight on continuing asbestos battles
- Segment spotlight on emerging construction products claims
- Practical advice on settlement and ADR
Insurers, policyholders, legal counsel, executives, corporate counsel, risk managers, construction professionals, and all others involved in insurance claims and litigation matters will benefit from attending this timely program. Each participant will receive a course manual of reference materials on the topics covered.
The Course Curriculum
- Potential Insurance Claims for Asbestos, Construction Products, and Buildings
- Asbestos Claims in 2001 and Beyond
- FRT Plywood
- Exterior Insulation Finishing Products, OSB Siding, Roofing Tiles
- Lead Paint
- Mold
- "Sick Building" Claims
- Others
- Potential Insurance Coverage for Asbestos, Construction Products and Building Claims
- Types of Available Policies
- Applicable Periods of Coverage
- CGL Coverage, Property Coverage, Other
- Issues Arising under non-CGL Policies
- First-Party Coverage
- D & O, E & O, Professional Liability
- Homeowners' Policies
- Common Coverage Issues
- Proof of Existence and Terms of Coverage
- Identity of Insured/Additional Insureds
- Treatment of Multiple Insureds
- Notice Requirements
- Property Damage/Bodily Injury
- Number of Occurrences
- Trigger and Allocation
- First Dollar Coverage Issues
- Excess/Umbrella Coverage
- Exhaustion of Primary
- Special Allocation Concerns
- Treatment of Defense Expense
- Insolvency/Drop Down
- Follow Form Clauses
- Application of Pollution Exclusions
- Variations in Exclusion Forms
- What is a Pollutant: Asbestos; Mold; Lead Paint?
- Is There A Discharge, Dispersal or Release?
- Application to Indoor Settings
- Special Issues in Asbestos, Construction Products and Building Claims
- MDL Coordination
- Class Actions as Underlying Suits
- Managing the Defense
- Contractual Indemnity Issues
- Waiver of Subrogation Issues
- Exclusion for "Your Work"
- Exclusion for "Impaired Property"
- Breach of Contract Coverage
- Bankruptcy Issues
- Impact on Coverage Cases
- Impact on Insurer Obligations
- Special State Concerns
- New York Asbestos Litigation
- Regional Trends
- Settlement of Coverage Disputes
- Evaluating Coverage Claims
- Valuing Policyholder Exposure
- Bad Faith Issues
- Piecemeal vs. Global Resolutions
- Typical Terms and Scope of Release
The Course Faculty
Jerold Oshinsky Partner in the Washington, DC law offices of Dickstein Shapiro Morin & Oshinsky, LLP • Extensive litigation background and experience, including insurance coverage, products liability, securities, Government contracts, and antitrust • Author of numerous articles for professional journals on insurance coverage and toxic substance cases • Member of the American and Federal Bar Associations; former Chairman of the New York City Bar Association's Administrative Law Committee • Undergraduate degree, cum laude, from Brooklyn College; law degree, cum laude, from the Columbia University Law School, where he served as an Editor of the Columbia Journal of Law & Social Problems.
Laura Foggan Partner in the Washington, DC law firm of Wiley, Rein & Fielding • Manages major insurance coverage litigation for insurers, including asbestos, products liability, environmental and bad faith claims • Has briefed more than 200 appellate insurance law cases, including key precedents on CGL and property claims • Frequent speaker and author on insurance law topics • Co-chair, Emerging Issues Subcommittee, ABA Section of Litigation, Insurance Coverage Litigation Committee • Named one of the "100 Leading Women" by Business Insurance Magazine • Undergraduate degree, magna cum laude, from the University of Pennsylvania; law degree, with high honors, from The George Washington University Law School, where she served as a member of the Law Review.