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Avoiding Potential Conflicts of Interest Between Insureds and Defense Council

New York City ~ April 10

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Avoiding Potential Conflicts of Interest Between Insureds and Defense Council

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    1. Avoiding Potential Conflicts of Interest Between Insureds and Defense Council Stephanie Solomon, Esq. CNA Global Specialty Lines Brian McMillan,Esq. Littler Mendelson Joseph Starr, Esq. Lipson, Neilson,Cole, Seltzer & Garin P.C. Clinton Wesolik Financial & Professional Risk Solutions Inc.

    2. New York City ~ April 10 & 11, 2006 Avoiding Potential Conflicts of Interests Between Insureds and Defense Counsel Can’t everyone just get along??

    3. The Panel Moderator: Stephanie Solomon, AVP Global Specialty Lines, Commercial Accounts Claims Clint Wesolik, Director of Claims, AUSCO Joseph A. Starr, Esq., Partner, Lipson, Neilson, Cole, Seltzer & Garin P.C. Brian T. McMillan, Esq., Shareholder, Littler Mendelson P.C.

    4. The Relationship Duty to Defend obligation of the carrier under the policy Tripartite relationship between the insured, the carrier and defense counsel

    5. The Assignment of Counsel Who gets the case? Panel Counsel v. Non-Panel Counsel Panel counsel – prior relationship with carrier; negotiated rates; familiarity with carrier’s billing and reporting guidelines Non-Panel counsel – prior relationship with insured; familiarity with insured entity and processes and procedure Cumis issues

    6. The Assignment of Counsel How can I win them over? Bridging the suspicion gap Reservation of Rights letter

    7. Defense of the Case Here comes trouble… Litigation Guidelines Discovery of facts that potentially jeopardize coverage Reporting to carrier Privilege concerns Creation of coverage issues

    8. Defense of the Case Here comes trouble… Prosecution of claims outside of initial assignment Exposure beyond policy limits

    9. Oh, While You’re Here Employment advice for unrelated matter Participation in difficult HR situation Review of Employment procedures and handbooks

    10. Resolution of the Matter Whose money is it? Allocation issues Covered vs. Non-Covered claims Counterclaims Settlement vs. Severance

    11. Resolution of the Matter Consent requirement under the policy Differing views of value of the case Deductible/Retention issues “Hammer” clause

    12. Resolution of the Matter Can I get paid? Billing issues Deductible collection Bankruptcy

    13. What about??? Questions from the audience

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