Conference Agenda
Day 1, Thursday, October 22, 2009
7:30 a.m. - 8:15 a.m.
Continental Breakfast and Registration
Continental Breakfast and **Registration **
8:15 a.m. - 8:30 a.m.
Welcome by Co-Chairs
Barry I. Buchman, Gilbert LLP, Washington, D.C. Leon B. Kellner, Dickstein Shapiro LLP, Washington, D.C. Mary Beth Forshaw, Simpson Thacher & Bartlett, LLP, New York Steve Rawls, Butler Pappas, Tampa, FL
8:30 a.m. - 9:45 a.m.
The Drywall Morass and the Legal Claims It Has Spawned – A Comprehensive Overview of the Current State of the Litigation
Latest Estimates of Homes Affected Where the Newest Cases are Being Filed MDL 2047 and State Court Proceedings Bankruptcy Filings and The WCI Trust The Current State of the Science and Inspection and Remediation Protocols Domestic (Non-Chinese) Drywall Claims
Lori A. Streit, Ph.D., Unified Engineering Inc., Aurora, IL Hilarie Bass, Greenberg Traurig, LLP, Miami Michael J. Ryan, Krupnick, Campbell, Malone, Buser, Slama, Hancock, Liberman & McKee, Fort Lauderdale, FL
9:45 a.m. - 10:30 a.m.
What Types of Policies May Respond to Drywall Claims and How To Access Them
Principal Types of Potential Coverage: A Review of Relevant First-Party and Third-Party Policies Common Procedural Issues: Policy Evidence Preservation, and Notice - The Best Practices
John E. Heintz, Kelley Drye & Warren LLP, Washington, D.C Frank Winston Jr., Steptoe & Johnson LLP, Washington, D.C.
10:30 a.m. - 10:45 a.m.
Refreshment Break
Refreshment Break
10:45 a.m. - 12:00 p.m.
Potential Hurdles to Coverage: The Pollution Exclusion
Choice of Law Issues and Why They Could be Critical Judicial Interpretation of the Pollution Exclusion Does Drywall and/or Off-Gassing Qualify As Pollution?
Barry Buchman, Gilbert LLP, Washington, D. C. David J. Woll, Simpson Thacher & Bartlett LLP, New York
12:00 p.m. - 1:15 p.m.
Lunch: Avoiding the Pitfalls of Asbestos Litigation: Recognizing Where the Similarities to Chinese Drywall Litigation Begin and End
Leon Kellner, Dickstein Shapiro LLP
Leon Kellner, Dickstein Shapiro LLP
1:15 p.m. - 2:30 p.m.
Third-Party (CGL) Policies: Is Coverage Available for the Lawsuits Brought Against You?
Is There an "Occurrence" - Construction Defects as an Insurable Event "Expected or Intended" and "Known Loss" Issues "Legally Obligated to Pay" vs. "Voluntary Payment" Issues Are There "Damages" Due to "Property Damage" or "Bodily Injury" - Abatement and Medical Monitoring Trigger of Coverage and the Potential Implication of Older Policies. Your Work, Your Product, Sistership, Impaired Property and Other Exclusions
Charles W. Browning, Plunkett Cooney, Bloomfield Hills, MI Kali Bracey, Jenner & Block LLP, Washington, D.C.
2:30 p.m. - 2:45 p.m.
Refreshment Break
Refreshment Break
2:45 p.m. - 4:00 p.m.
Who Are Those Insureds? Additional Insured Issues
The Potential Impact of Underlying Contractual Relationships Scope of Vendor Endorsements Priority of Coverage
Mark E. Miller, Greenberg Traurig, LLP, Washington, D.C. Lee H. Ogburn, Kramon & Graham, PA, Baltimore
4:00 p.m. - 5:00 p.m.
Defending Drywall Claims: The Impact of Insurance Considerations
Selection of Defense Counsel Privilege/Common Interest Issues Limits on Counsel Costs Who Controls Settlement? Charles E. Stauber, Stauber Associates LLC, Blue Bell, PA Martin M. McNerney, King & Spalding, Washington, D.C.
5:00 p.m. - 6:30 p.m.
Networking Cocktail Reception
Networking Cocktail Reception
Day 2, Friday, October 23, 2009
8:00 a.m. - 9:00 a.m.
Continental Breakfast
Continental Breakfast
9:00 a.m. - 10:15 a.m.
First-Party Policies: Is There Coverage for Damage to Your Property? A Closer Look at Commercial Property Damage/Business Interruption and Homeowners Coverage
Planning, Construction and Defective Materials Exclusion Deterioration, Latent Defect and Mechanical Breakdown Exclusion Efficient Proximate Cause and Concurrent Causation Issues "Time Element" Coverages - Business Interruption, Extra Expense, etc. Proofs of Loss and Statutes of Limitations Ensuing Loss
Scott J. Frank, Butler Pappas, Tampa, FL Matthew J. Schlesinger, Reed Smith, Washington, D.C. Mark A. Boyle Sr., Boyle & Gentile, P.A., Fort Myers, FL Allison Grant, Shapiro, Blasi, Wasserman & Gora, P.A., Boca Raton, FL
10:15 a.m. - 10:30 a.m.
Refreshment Break
Refreshment Break
10:30 a.m. - 12:00 p.m.
Insurance Claim Adjustment – Calculating and Presenting Your Claim
Damage Assessment and Calculation Allocation Among Multiple Implicated Policies Allocation Among Covered and Non-Covered Claims and Damages Working With Adjusters and Consultants
Ross Mishkin, The Claro Group, Chicago Andrea B. Tecce, Navigant Consulting, Washington, D.C. Additional Speakers to be Announced
12:00 p.m. - 12:00 p.m.
Adjourn
Conference Ends.