Additional Insured Conference
May 24-25, 2004
The Ritz-Carlton Boston Common, Boston

Conference Chaired by
Thomas W. Brunner, Esq., Wiley Rein & Fielding LLP, Washington, DC
John G. Buchanan, III, Esq., Covington & Burling, Washington, DC

Conference Agenda

Monday, May 24, 2004

8:00
Registration and Continental Breakfast

9:00
Introduction and Opening Remarks
Thomas Brunner, Wiley Rein & Fielding
John Buchanan, Covington & Burling

9:15
The Basics
• Why make insurance part of the deal?
• Indemnity agreements and contractual liability coverage
• Insurance procurement agreements and additional insured coverage
• Additional insureds, additional named insureds, automatic insureds, loss payees, and certificate holders – what’s the difference?
• Documenting the protection: Insurance clauses, certificates of insurance, policies and endorsements
Thomas Brunner, Wiley Rein & Fielding
John Buchanan, Covington & Burling

9:45
Brokering and Underwriting Considerations
• Disclosure, premium calculation, broker/agent obligations and the extent of coverage
• Retrospective premiums
• Regulatory limits on insuring unrelated entities in the same policy
• Certificates at odds with policies, policies at odds with transaction terms – who pays?
JoAnn Ralph, Managing Consultant, RK Risk Management
Linda Foster, Weissman Nowack Curry & Wilco

10:45
Morning Break

11:00
Special Considerations for Insureds and Additional Insureds
• Scope of additional insurance coverage – type of insured activities or products; geography and time
• New proposed ISO endorsement
• Impact of transaction terms and certificates on construction of policy terms
• Coverage impact of additional insured’s fault
• Innocent additional insureds and culpable named insureds
• Separate rights and duties of named and additional insureds
Moderator: John Buchanan, Covington & Burling
Tyrone Childress, Howrey Simon Arnold & White
Gary Seligman, Wiley Rein & Fielding
Jack Gibson, President, International Risk Management Institute

12:15
Networking Luncheon

1:30
Special Considerations For the Insurer In the Additional Insured Context
• Tender of claims – may the additional insured rely on the named insured’s tender?
• Reservation of rights – may the insurer rely on its letter to the named insured for all insureds?
• Conflicts of interest – separate defense counsel; separate claims handling
• Insured versus insured issues
• Settling when claims exceed coverage limits
• Possible insurer bad faith in favoring one insured over another
Philip Hecht, Kirkpatrick & Lockhart
Roger Warin, Steptoe & Johnson

2:30
Contractual Liability Coverage: The Coverage Created By An Exclusion
• Insurance procurement clauses as insured contracts
• Rental car scenarios
• Breach of contract versus indemnity for tort
• Relation to duty to defend
Jill Berkeley, Schiff Hardin
Mark Cahill, Choate Hall & Stewart

3:15
Afternoon Break

3:30
Allocation and Other Insurance
• General versus specific coverage; does named insured coverage respond before additional insured coverage?
• Settling and paying judgments when coverage is insufficient to satisfy all claims
• Impact of “other insurance” clauses
• Role of insurer and insured preference in determining priority
Donald Brown, Covington & Burling
Thomas Brunner, Wiley Rein & Fielding

4:30
Real Estate and First Party Coverage Issues
• Coverage for landlords
• Coverage for mortgagees
• Contingent business interruption
• Contaminated real estate: Pollution legal liability policies for CERCLA sites involving multiple PRPs
Edward Grass, Shaw Pittman
Rodney Taylor, Managing Director, Breitstone & Co.
Michel Horton, Morgan Lewis & Bockius

5:30
Networking Reception

Tuesday, May 25, 2004

8:30
Continental Breakfast

9:00
Other People’s Insurance In M&A Transactions
• The role of insurance in stock purchase agreements, mergers, and asset purchase agreements
• Tapping seller’s coverage for buyers liability; tapping buyer’s coverage for seller’s liability?
• No-assignment and consent-to-assignment clauses
• Relationship of liability insurance rights to deal terms regarding liabilities
• Crucial considerations for M&A negotiators
Tom Baker, Connecticut Mutual Professor of Law and Director, Insurance Law Center, University of Connecticut School of Law
Ray Wong, Hancock Rothert & Bunshoft

10:15
Morning Break

10:30
Additional Insurance In Construction Industry Disputes
• Issues involving owners, contractors and sub-contractors
• Issues involving wrap-up policies: What are the insurer’s duties to the multiple insureds when the insureds are fighting among themselves? What is the effect of other insurance on the dispute between the feuding parties?
• Professionals’ E&O coverage and the nonprofessional additional insured
Lorelie Masters, Jenner & Block
Katherine Tammaro, Tressler Soderstrom Maloney & Priess
Clifford Shapiro, Sachnoff & Weaver
Michael Aylward, Morrison Mahoney & Miller

11:30
Vendor’s Endorsements
• Scope of coverage issues e.g., pharmacists combining insured and non-insured products; MD’s “installing” medical devices
• Role of additional insured’s culpability: e.g., gun dealers selling non-defective firearms to minors
John Ellison, Anderson Kill & Olick
James Hofert, Hinshaw & Culbertson

12:15
Adjourn

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Registration Fee
The registration fee includes continental breakfast each day, attendance at all conference sessions, a copy of the conference handbook on CD, networking reception, and coffee breaks. The registration fee is $1095 for the first attendee.

How to Register
Fax is the best way to enroll, allowing us to attend to your registration immediately. Please fax this form to (610)768-0303, call 1-800-MEALEYS, (610)768-7800, e-mail mealeyseminars@lexisnexis.com or mail this form with payment to Mealey Publications, P.O. Box 62090, King of Prussia, PA 19406-0230. Receipt of payment guarantees your registration.

Special Discounts
• Corporate Discount — $200 off — $895
• Additional registrants from the same firm or company — $150 off — $945
• Government employees — one-third off — $730
• Sitting judges — attend free
• Paralegals — two-thirds off — $365

Special Needs
Should you have any special needs, please contact Mealey’s at least three weeks prior to the conference, to allow us time to make reasonable accommodations.

Hotel Accommodations
The Ritz-Carlton, Boston Common is located at 10 Avery Street, just 30 minutes from Logan International Airport. Attendees should make reservations directly with the hotel by calling 617-574-7100. When making reservations, indicate that you are attending Mealey’s Additional Insured Conference, May 24-25, 2004. A block of rooms has been reserved for attendees at a rate of $225 a night for a single or double room. The cut-off date for this rate is May 3. After that date, this rate will be offered based on space availability. Please note, there are a limited number of rooms in our room block so make your reservations early. For alternative hotels and rates, please call us at (610) 768-7800.

Cancellation Policy
Registrants who cancel on or before May 3 will receive a full refund. Registrants cancelling from May 11-17 will receive a full credit towards another Mealey’s conference. Cancellations made after May 17 will be subject to a 25% administrative fee; the remaining amount will be credited towards another Mealey’s conference. Credits must be used within one year of the date of issuance. Substitutions may be made at any time.

Conference on Audiotape
If you cannot attend this conference, take advantage of our new audiotape conference service. For more information call 1-800-MEALEYS or e-mail mealeyseminars@lexisnexis.com

CLE Credit
Credits will be available from all states with mandatory requirements. For more information visit www.mealeys.com and click on ‘Conferences’, or call 1-800-Mealeys.

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