I Can’t Get Them to Settle…. Singin’ The PL Blues MODERATOR: R. Damian Brew, Esq., Managing Director, National Claims Advocacy Practice Leader, Marsh.

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Presentation transcript:

I Can’t Get Them to Settle…

Singin’ 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

Agenda 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 on the Process Duty to defend v. indemnity policies Consent to settle language Issues unique to excess policies

Issues to Assess When Considering Settlement Opportunities Handling communications and requests for information Privilege issues impacting settlements Handling requests for waivers

Roles of Various Parties in Settlement Negotiations Role of the broker or intermediary Role of counsel Managing expectations Interests of primary and excess insurers

Managing the Settlement Dynamics When and how to use a mediator “Other insurance” issues Other related business issues

Questions & Answers

Many thanks to … Damian Brew Nicole Baummer Linda Burwell Irene Petillo Kim West