Chinese Drywall Insurance Conference: The Financial Impact of Drywall-Related Losses – Insurance and Other Strategic Considerations

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.