I Can’t Get ThemI Can’t Get Themto Settle…to Settle…

Singin’ The PL BluesSingin’ The PL Blues

MODERATOR:

• R. Damian Brew, Esq., Managing Director, National Claims Advocacy Practice Leader, Marsh Inc. FINPRO

PANELISTS:

• Nicole M. Baummer, Esq., Assistant Vice President, Allied World Assurance Company

• Linda G. Burwell, Esq., Principal, Nemeth Burwell PC

• Irene Petillo, Esq., Vice President, Chubb & Son, a division of Federal Insurance Company

• Kim W. West, Esq., Partner, Tucker Ellis & West LLP

AgendaAgenda

• Impact of policy provisions on the process

• Issues to assess when considering settlement opportunities

• Roles of the various parties in settlement negotiations

• Managing the settlement dynamics

• Q&A

Impact of Policy Provisions Impact of Policy Provisions on the Processon the Process

• Duty to defend v. indemnity policies

• Consent to settle language

• Issues unique to excess policies

Issues to Assess When Considering Issues to Assess When Considering Settlement OpportunitiesSettlement Opportunities

• Handling communications and requests for information

• Privilege issues impacting settlements

• Handling requests for waivers

Roles of Various Parties in Roles of Various Parties in Settlement NegotiationsSettlement Negotiations

• Role of the broker or intermediary

• Role of counsel

• Managing expectations

• Interests of primary and excess insurers

Managing the Settlement DynamicsManaging the Settlement Dynamics

• When and how to use a mediator

• “Other insurance” issues

• Other related business issues

QuestionsQuestions&&

AnswersAnswers

Many thanks to …Many thanks to …

• Damian Brew

• Nicole Baummer

• Linda Burwell

• Irene Petillo

• Kim West