24 th Annual Conference

Transcription

1 THE NATIONAL FORUM FOR ENVIRONMENTAL AND TOXIC TORT ISSUES 24 th Annual Conference Union League Club Chicago, IL

2 AGENDA Wednesday, October 4, :00 7:00 pm Networking Reception Thursday, October 5, :00 8:00 am Continental Breakfast 8:00 8:15 am Welcome and Overview 8:15 9:15 am Insurance Law Update 2017 Allocation and trigger issues in the wake of R.T. Vanderbilt The Yin and Yang of asbestos exclusions Manifestly confusing: what s the state of trigger law in Pennsylvania? Assigning coverage rights to successor entities Will Xia pioneer new strategies for undermining pollution exclusions? Doing the right thing: limitations on coverage for voluntary payments Emerging pollution liability insurance policy claims and issues Update on the Restatement of the Law of Liability Insurance 9:15 10:00 am Classifying Carcinogens: Update, Impact & How Effectively Used at Trial Common uses and hazards of Silica, Benzene & Talc Mineral differences of talc structures What is cosmetic talc and characteristics of its carcinogenicity Expectations regarding the future of cosmetic talc cases Michael F. Aylward Morrison Mahoney LLP Boston, Massachusetts Sara T. Murphy Hawkins Parnell Thackston & Young, LLP New York, New York

3 Thursday, October 5, 2017 (Continued) 10:00 10:15 am Break 10:15 10:45 am Finding and Preparing Experts and Witnesses for Amphibole Asbestos Defendants Causes of action against amphibole asbestos defendants What kinds of experts can/will testify for an amphibole asbestos defendant Other witnesses to aid in the defense Trial strategies and tactics to consider 10:45 11:30 am Coverage Gaps: New and On the Horizon Emerging trends in environmental insurance Perpetual renewal problem Issues with condition and where to find it Pollution claims allocation to pre-1986 policies Viruses as pollutants 11:30 12:00 pm Recent Developments and Emerging Trends in Asbestos Premises Liability History of premises liability in asbestos litigation Outline of traditional defenses for premises defendants Indiana s expansion of premises liability Emerging issues Kay Baxter Cosmich Simmons & Brown, PLLC New Orleans, Louisiana David J. Dybdahl American Risk Management Resources Network, LLC Middleton, Wisconsin Michael Klima Rockhill Insurance Group Michael D. Martinez Matushek Nilles, LLC 12:00 1:00 pm Lunch 1:00 1:30 pm Drones Effectively and Legally Helping Clean Up the Environment Drone systems in environmental applications Legal and Insurance issues relating to drones 1:30 2:15 pm The Dog Ate My Policy: Determining Coverage When the Policy is Lost Insurer obligations in responding to tenders under lost policies Common issues in lost policy cases Proving the lost policy in declaratory actions Practical considerations in resolving coverage disputes Colleen A. Beverly Clausen Miller PC Philip R. Watters Rimkus Consulting Group, Inc. Houston, Texas Mollie E. Werwas Kopon Airdo

4 Thursday, October 5, 2017 (Continued) 2:15 2:45 pm What Every Insurer Must Now Consider When Applying a Policy Exclusion to Decline CGL Coverage for Claims in Washington: The Proximate Cause Rule James P. Murphy Murphy Armstrong & Felton, LLP Seattle, Washington Xia v. ProBuilders Specialty Ins. Co.- Washington Supreme Court case study The impact and implications of the Xia decision Adaptation of the efficient proximate cause rule in CGL coverage 2:45 3:00 pm Break 3:00 3:30 pm Tank Claims What You May Not Know: Pollution Sources, Causes, and Best Practices Comparison of the rules and laws behind regulated and unregulated petroleum tanks Statistical data describing tank pollution source and causes at residential and commercial tanks Pollution frequency and severity from regulated and unregulated petroleum tanks Recommendations for claims adjusters on best practices for investigation, evaluation, and resolution of UST claims 3:30 4:15 pm Claims Arising from Agricultural, Livestock and Dairy Operations: Challenges for Insurers Typical claims scenarios Key coverage issues Case law survey Scott R. Green First Environment, Inc. Boonton, New Jersey Elizabeth M. Brockman Selman Breitman, LLP Los Angeles, California Peter J. Mintzer Selman Breitman, LLP Seattle, Washington Boarding between 4:45 5:15 pm Departs at 5:15 pm Returns to dock at 7pm FETTI YACHT CRUISE RECEPTION Anita Dee II DuSable Harbor 200 North Breakwater Access (Business Casual Attire)

5 Friday, October 6, :00 8:00 am Continental Breakfast 8:00 8:45 am Personal Jurisdiction: A New Look at Mass Tort Litigation Where Do We Go from Here? Consent by registration, consent by waiver and jurisdiction by necessity Corporate perspective Insurance company perspective 8:45 9:30 am Asbestos Litigation: Updates and Practical Pointers to Take Advantage of State Laws Updates on state and federal asbestos legislation The latest studies with regard to trust claiming by plaintiffs and the impact of state transparency laws Practical pointers to defense and in-house counsel as to how to take advantage of state legislation to apportion fault or receive setoffs for trust-related exposures 9:30 10:00 am Vapor Intrusion Claims, Different Aspects Sources of regulation/liability Common law property damage - permanent damage (reduction in fair market value) and temporary damage (nuisance damages) When personal injury claims are related Regulatory remediation Julie Nord Friedman Rawle & Henderson LLP Pittsburgh, Pennsylvania John C. McMeekin II Rawle & Henderson LLP Philadelphia, Pennsylvania Rebecca A. Nickelson HeplerBroom LLC St. Louis, Missouri Mark A. Behrens Shook, Hardy & Bacon LLP Washington, D.C. Mary Margaret Gay Maron Marvel Bradley Anderson & Tardy LLC Jackson, Mississippi James P. Hogan The ELAM Group Noblesville, Indiana Michael J. Maher Swanson Martin & Bell, LLP 10:00 10:15 am Break 10:15 11:00 am Asbestos Health Effects Update Fiber type/potency and asbestos related disease NOAEL and threshold risk assessment Genetic and epigenetic foundations for asbestos exposure Trends in asbestos health effects incidence Howard M. Sandler, M.D. Sandler Occupational Medicine Associates, Inc. Melville, New York

6 Friday, October 6, 2017 (Continued) 11:00 11:30 am Lead in Drinking Water and the Protection of Public Health Sources of lead in potable water Health effects on the populations drinking, bathing or use for food preparation Approaches for utilities and homeowners for controlling lead in potable water Case study of the impacts of changing the water source for the city of Flint, Michigan Michael D. Klein Robson Forensic, Inc. Charleston, South Carolina 11:30 am 12:00 pm Practical Considerations for Communicating State of the Art to Younger Jurors Historical context of social and political events, particularly in the 1940 s-1970 s Ubiquitous nature of various products, such as asbestos, and their use Evolution of knowledge of potential hazards Dose/response concepts S. Christopher Collier Hawkins Parnell Thackston & Young, LLP Atlanta, Georgia 12:15 pm 12:45 pm Business Meeting This is a Business Casual Event Business Casual Attire or better is permitted throughout the clubhouse with the exception of specific events for which a higher mode of dress (such as business Dress Attire, Black Tie or White Tie) is specified. Business Casual Attire is defined as, for men, a collared shirt (including turtleneck) and slacks (without jacket or necktie). For women, Business Casual Attire includes slacks or skirt with a blouse or sweater. The following are specifically prohibited (except on floors 10 and above and when checking in or out of the Club guestrooms): Overalls, tee-shirts, trading jackets, cut-offs, sweatshirts, denim jackets and any clothing that is tattered or contains inappropriate messages. Blue jeans are not permitted in the clubhouse except on Saturdays before 6:00 pm, on Sundays and on Holidays. If you must enter or exit the Club in Athletic Attire, please use the Athletic Entrance, located on Federal Street just south of the revolving-door entrance. To leave the club, take the elevator to the first floor and follow the signs marked Athletic Exit.