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June 25-26, 2015 • The Omni Chicago Hotel on the Magnificent Mile • Chicago, IL

Industry leaders from policyholders, insurers, and reinsurers will examine today’s key allocation issues, including:

• The state of existing allocation law, with a focus on asbestos, environmental, and other long-tail claims

• The relationship between allocation and trigger, with a focus on asbestos, environmental, and other long-tail claims

• Second wave allocation issues: SIRs, deductibles, exhaustion, and more

• Excess insurance: questions raised by Qualcomm and issues relating to the duty to defend

• The importance of choice of law: assessing the current rules in key jurisdictions, recent allocation rulings and their impact on disputes, and more

• Bankruptcy, insolvency, and their impact on insurance allocation

• Allocation of defense costs in the D&O context

• Allocation issues that arise when reinsurance is involved

• Resolving allocation disputes through mediation

An unparalleled opportunity to network with and obtain valuable insights and strategic advice from our exceptional faculty, including:

Sharon T. DohertySenior Coverage Counsel, NAC Claims Legal GroupZurich North America

Dennis HelewaVice President & Assistant Counsel, Claims SCOR

Cassandra S. Franklin Managing Attorney – Claims Coverage CounselAllianz Global Corporate & Specialty

Michael J. BlairVice President - Environmental ClaimsGen Re - A Berkshire Hathaway Company

James F. DorionManaging Director – Global Practice Leader, Complex Liability & Risk ServicesMarsh

Robert LenahanAssociate General Counsel Legion Insurance Company (In Liquidation)

Featuring a judicial panel on insurance coverage litigation, with perspectives and insights from:

Hon. Ruben Castillo U.S. Dist. Ct., N.D. Ill.

Hon. Donetta W. AmbroseU.S. Dist. Ct., W.D. Pa.

Hon. Richard SchmidtU.S. Dist. Ct., S.D. Tex.

Hon. Patrick J. WalshU.S. Dist. Ct., C.D. Calif.

Hon. Peter FlynnCir. Ct. Cook Co., Ill.

Hon. Richard KramerSan Francisco Super. Ct.

Hon. Jose M. RodriguezEleventh Jud. Cir., Fla.

Hon. Judith H. Matarazzo Multnomah Co. Cir. Ct., Ore.

Hon. Jeff Shadwick Harris Co. 55th Civil Dist. Ct., Tex.

American Conference Institute’s 2nd National Forum on

INSURANCE ALLOCATION

Inquire about

special rates

for in-house and

government

EarnCLE/CPE

Credits

Expert Strategies for and Key Insights into the Most Challenging Allocation Issues Facing Policyholders, Insurers, and Reinsurers

EMAIL CustomerService@ AmericanConference.com

Distinguished Co-Chairs:

Stephen Hoke Scott M. SeamanHoke Attorneys at Law LLC Meckler Bulger Tilson Marick & Pearson LLP

Register Now | 888-224-2480 | www.AmericanConference.com/InsAllocation

Building on the incredible success of our inaugural event and in response to demand from the market, ACI has developed the 2nd National Forum on Insurance Allocation specifically to address the unique challenges that policyholders, insurers, and reinsurers face when dealing with the issues of allocation, trigger, excess

insurance, and more. This Forum remains the only event focused on insurance allocation that goes the extra mile to bring you a panel of distinguished judges, insights from key industry

experts, and unparalleled networking opportunities.

ACI’s 2nd National Forum on Insurance Allocation has been completely overhauled and updated based on comprehensive research conducted with dozens of industry professionals. This conference will bring together an outstanding speaker faculty that will provide you with expert advice and key strategies for:

• The state of existing allocation law, with a focus on asbestos, environmental, and other long-tail claims

• The relationship between allocation and trigger, with a focus on asbestos, environmental, and other long-tail claims

• Second wave allocation issues: SIRs, deductibles, exhaustion, and more

• Excess insurance: questions raised by Qualcomm and issues relating to the duty to defend

• The importance of choice of law: assessing the current rules in key jurisdictions, recent allocation rulings and their impact on disputes, and more

• Bankruptcy, insolvency, and their impact on insurance allocation

• Allocation of defense costs in the D&O context

• Allocation issues that arise when reinsurance is involved

• Resolving allocation disputes through mediation

This event will fill up quickly, so register now by calling 1-888-224-2480, faxing your registration form to 1-877-927-1563, or registering online at www.AmericanConference.com/InsAllocation

With more than 300 conferences in the United States, Europe, Asia Pacific, and Latin America, American Conference Institute (ACI) provides a diverse portfolio devoted to providing business intelligence to senior decision makers who need to respond to challenges spanning various industries in the US and around the world.

As a member of our sponsorship faculty, your organization will be deemed as a partner. We will work closely with your organization to create the perfect business development solution catered exclusively to the needs of your practice group, business line or corporation.

For more information about this program or our global portfolio of events, please contact:

Wendy Tyler, Director of Sales, American Conference InstituteTel: 212-352-3220 x5242 | w.tyler@AmericanConference.com

Global Sponsorship Opportunities

Register Now | 888-224-2480 | www.AmericanConference.com/InsAllocation

Day One: Thursday, June 25, 2015

7:30 Registration and Continental Breakfast

8:00 Co-Chairs’ Opening Remarks

Stephen HokeHoke Attorneys at Law LLC

Scott M. Seaman Meckler Bulger Tilson Marick & Pearson LLP

8:05 Views from the Bench: Judicial Perspectives and Guidance for Insurance Coverage Litigation

Hon. Ruben CastilloU.S. Dist. Ct., N.D. Ill.

Hon. Donetta W. AmbroseU.S. Dist. Ct., W.D. Pa.

Hon. Richard SchmidtU.S. Dist. Ct., S.D. Tex.

Hon. Patrick J. WalshU.S. Dist. Ct., C.D. Calif.

Hon. Peter FlynnCir. Ct. Cook Co., Ill.

Hon. Richard KramerSan Francisco Super. Ct.

Hon. Jose M. RodriguezEleventh Jud. Cir., Fla.

Hon. Judith H. Matarazzo Multnomah Co. Cir. Ct., Ore.

Hon. Jeff Shadwick Harris Co. 55th Civil Dist. Ct., Tex.

Moderator:

Steven R. GilfordProskauer Rose LLP

9:45 Networking and Refreshment Break

9:55 State of Existing Allocation Law, With a Focus on Asbestos, Environmental, and Other Long-Tail Claims

Sharon T. DohertySenior Coverage Counsel, NAC Claims Legal GroupZurich North America

Jeffrey O. Davis Quarles & Brady LLP

Laura A. FogganWiley Rein LLP

Frank Winston Jr.Steptoe & Johnson LLP

Tancred SchiavoniO’Melveny & Myers LLP

• All sumso Impact of newer “those sums” language on allocation

issues, including in states where allocation has been addressed under prior policy language

o How credits for prior settlements are handled in allocation• Pro rata

o Start and end dates for proper application of pro rata allocation

• Others (e.g. New Jersey’s approach in Carter Wallace)• Texas’ approach• Differences amongst the approaches to allocation used

for asbestos, environmental, and other long-tail claimso Unique issues that ariseo Best practices for overcoming unique challenges

• “Other insurance” clauses vs. public policy• Independent counsel (Cumis)

o Rights to and limitations on Cumis counselo Examples of when the right is triggered

11:20 Relationship Between Allocation and Trigger, With a Focus on Asbestos, Environmental, and Other Long-Tail Claims

James F. DorionManaging Director - Global Practice Leader, Complex Liability & Risk ServicesMarsh

Robert D. GoodmanDebevoise & Plimpton LLP

Stephen HokeHoke Attorneys at Law LLC

Lynn H. MurrayShook, Hardy & Bacon L.L.P.• Continuous trigger• Others (e.g. Illinois’ triple trigger approach)• Manifestation trigger (e.g. Keasbey)• Uninsured periods• Contribution permitted?• Differences amongst the approaches to trigger used for

asbestos, environmental, and other long-tail claimso Unique issues that ariseo Best practices for overcoming unique challenges

12:40 Networking Luncheon for Speakers and Attendees

1:40 Second Wave Allocation Issues: SIRs, Deductibles, Exhaustion, and More

Alex E. PotenteSedgwick LLP

Donna J. VobornikDentons US LLP

Timothy R. SullivanMcCormick Barstow, LLP• Policy years with insolvencies• SIRs and deductibles

o Differences between SIRs and deductibleso Exhaustion of same

Join the Conversation ACI: Reinsurance/Insurance @Insurance_ACI / #ACIInsurance

o Key question for policyholders – how many SIRs do they pay?

o Bankruptcy considerations• Number of occurrences• Non-cumulation clauses• Horizontal exhaustion - exhaustion by layers (primary vs.

excess)o Who is responsible for gaps as coverage in a given

layer exhausts?o Lincoln Electric

• White space (i.e. underinsured years due to exhaustion or failure to buy enough coverage)

• Stacking issues o Types of policies that can be stackedo Impact of SIRs, deductibles, etc.

• Issues that can arise as policy layers exhausto How do you prove exhaustion of underlying coverage?o What do you do when excess insurers refuse to

acknowledge exhaustion?o Who controls the defense when some coverage is

primary and the rest is excess or exhausted with no defense duty?

3:00 Networking and Refreshment Break

3:10 Importance of Choice of Law: Assessing the Current Rules in Key Jurisdictions, Recent Allocation Rulings and Their Impact on Disputes, and More

Robert M. HorkovichAnderson Kill, P.C.

Suzanne C. MidligeCoughlin Duffy LLP• Recent allocation rulings and their impact on current

and future allocation trends and disputes• Assessing the various jurisdictional approaches to allocation• Current rules in key jurisdictions• Unresolved issues and the next possible battlegrounds• Advantage of filing first?• Benefits of securing a favorable jurisdiction

4:10 Allocation of Defense Costs in the D&O Context

Tyler C. GerkingFarella Braun + Martel LLP

Susan White Manatt, Phelps & Phillips, LLP• Defense v. indemnity for defense• Exclusions impact• Allocation between covered and uncovered claims• Allocation when the entity is covered but not individuals• Allocation between defense costs and indemnity costs

5:00 Conference Adjourns

Day Two: Friday, June 26, 2015

7:30 Continental Breakfast

8:00 Excess Insurance: Questions Raised by Qualcomm and Issues Relating to the Duty to Defend

Scott M. SeamanMeckler Bulger Tilson Marick & Pearson LLP

Steven C. SchwartzChaffetz Lindsey LLP

Seth D. LamdenNeal, Gerber & Eisenberg LLP

Helen K. MichaelKilpatrick Townsend & Stockton LLP• Does a primary carrier’s settlement for less than its full

limits trigger the excess policy status?• Settlement considerations when in a Qualcomm

jurisdiction• Where do key jurisdictions stand with respect to these

issues?• Case law regarding duty to defend by excess carriers• Case law regarding possible drop down by excess carriers

9:15 Allocation Issues That Arise When Reinsurance is Involved

Dennis HelewaVice President & Assistant Counsel, Claims SCOR

Michael J. BlairVice President - Environmental ClaimsGen Re - A Berkshire Hathaway Company

Ira J. BelcoveButler Rubin Saltarelli & Boyd LLP

Amy R. PaulusClausen Miller P.C.

Marc L. AbramsMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.• Follow the fortunes clauses• How binding are a cedant’s settlement allocations?• Key points of contention between cedents and reinsurers

o Number of deductibles• Assessment of recent key cases

10:35 Networking and Refreshment Break

10:45 Bankruptcy, Insolvency, and Their Impact on Insurance Allocation

Robert LenahanAssociate General Counsel Legion Insurance Company (In Liquidation)

Koorosh TaliehPerkins Coie LLP

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Ernesto R. PalomoLocke Lord LLP

Jeanine D. Clark Margolis Edelstein• Allocation in policyholder bankruptcies

o Different approacheso Valuing future losses

- Garlock discussion/update- Valuing supplemental defense costs (i.e. costs in

addition policies)o Standing issues

• Defunct companieso Revival of defunct companies to access insurance –

state of the lawo Who controls defense and settlement and related issues?

• Recovery from insolvent insurerso Status of U.S. and UK law o Allocation approaches

- Prevalence of the pro rata approach in the U.S. and UK

- Choice of law – Midland (all sums possible in New York)

o Is IBNR permitted?- How do you value this?

o How to prepare and present a claim- Trigger and date of first exposure (DOFE) issues- Exhaustion issues- How do you value the impact of exclusions (e.g.

pollution exclusion)?• State Guaranty Associations

o Assessing the impact of Farmers Mutual- No contribution for other insurers- Is this case a sign of things to come or an outlier?- Impact on Carter Wallace ruling regarding insolvents

12:00 Resolving Allocation Disputes Through Mediation

Cassandra S. Franklin Managing Attorney – Claims Coverage CounselAllianz Global Corporate & Specialty

Jeff KichavenPrincipal MediatorJeff Kichaven Commercial Mediation

Eileen King BowerTroutman Sanders LLP• Mediation strategies to use when negotiating settlements

in jurisdictions with unsettled allocation issues, multiple claimants, and concepts unfamiliar to plaintiffs’ counsel and insureds

• Navigating the mediation process when disputes over limits or coverage are involved

• Unique considerations for mediating allocation among consecutive policy periods, overlapping types of coverage, and/or multiple parties

• Setting the stage in advance of mediation• How to select an effective mediator for allocation

1:00 Conference Ends

Continuing Legal Education Credits

Continuing Professional Education Credits

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

ACI certifies that the activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

ACI certifies that this activity has been approved for CLE credit by the State Bar of California.

You are required to bring your state bar number to complete the appropriate state forms during the conference. CLE credits are processed in 4-8 weeks after a conference is held.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

Questions about CLE credits for your state? Visit our online CLE Help Center at www.americanconference.com/CLE

American Conference Institute (ACI) will apply for Continuing Professional Education credits for all conference attendees who request credit. There are no pre-requisites and advance preparation is not required to attend this conference.

Course objective: An exploration and analysis of allocation and its relationship to the business of insurance. Recommended CPE Credit: 12.5 hours.

ACI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417 or by visiting the web site: www.nasba.org

WHO YOU WILL MEET:• Insurance Professionals, Including

- Directors

- Claims Managers

- In-House Counsel

- Actuaries

• Attorneys Specializing In:

- Insurance Coverage Litigation

- Insurance recovery

- Reinsurance

• Insurance mediators

• Industry consultants

Earn

CLE Credits

R E G I S T R AT I O N F O R M

CONTACT DETAILS

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Payment PolicyPayment must be received in full by the conference date. All discounts will be applied to the Conference Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to individuals employed by the same organization.

Cancellation and Refund PolicyYou must notify us by email at least 48 hrs in advance if you wish to send a substitute participant. Delegates may not “share” a pass between multiple attendees without prior authorization. If you are unable to find a substitute, please notify American Conference Institute (ACI) in writing up to 10 days prior to the conference date and a credit voucher valid for 1 year will be issued to you for the full amount paid, redeemable against any other ACI conference. If you prefer, you may request a refund of fees paid less a 25% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the conference date. ACI reserves the right to cancel any conference it deems necessary and will not be responsible for airfare‚ hotel or other costs incurred by registrants. No liability is assumed by ACI for changes in program date‚ content‚ speakers‚ or venue.

Hotel InformationAmerican Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a preferential rate. Please contact the hotel directly and mention the “ACI June” conference to receive this rate.

Venue: Omni Chicago Hotel Address: 676 North Michigan Avenue, Chicago, IL 60611Reservations: 800-843-6664 or 312-944-6664

Registration FeeThe fee includes the conference‚ all program materials‚ continental breakfasts‚ lunches and refreshments.

Incorrect Mailing InformationIf you would like us to change any of your details please fax the label on this brochure to our Database Administrator at 1-877-927-1563, or email data@AmericanConference.com.ACI reserves the right to deny admission to anyone, at any time, for any reason.

Missed A Conference – Order The Conference Materials Now!If you missed the chance to attend an ACI event, you can still benefit from the conference presentation materials. To order the Conference Materials, please call +1-888-224-2480 or visit: www.americanconference.com/conference_papers

ATTENTION MAILROOM: If undeliverable to addressee, please forward to: Insurance Coverage Attorney; Insurance Claims Professional

CONFERENCE CODE: 741I15-CHI

o YES! Please register the following delegate for Insurance Allocation

PRIORITY SERVICE CODE

741I15.WEB

Special DiscountWe offer special pricing for groups and government employees. Please email or call for details. Promotional discounts may not be combined. ACI offers financial scholarships for government employees, judges, law students, non-profit entities and others. For more information, please email or call customer service.

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o ACH Payment ($USD)Please quote the name of the attendee(s) and the event code 741I15 as a reference.For US registrants:Bank Name: HSBC USAAddress: 800 6th Avenue, New York, NY 10001Account Name: American Conference InstituteUPIC Routing and Transit Number: 021-05205-3UPIC Account Number: 74952405Non-US residents please contact Customer Service for Wire Payment information

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3-4 10% Discount

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FEE PER DELEGATEAdvance Pricing

On or Before May 8, 2015Standard Pricing

After May 8, 2015

o Conference Only $2095 $2295

o Please reserve ___ additional copies of the Conference Materials at $199 per copy.

June 25-26, 2015 • The Omni Chicago Hotel on the Magnificent Mile • Chicago, IL

American Conference Institute’s 2nd National Forum on

INSURANCE ALLOCATIONExpert Strategies for and Key Insights into the Most Challenging Allocation Issues Facing Policyholders, Insurers, and Reinsurers

Inquire about special rates for in-house and government

http://www.AmericanConference.com/InsAllocationhttp://www.AmericanConference.com/InsAllocation