1. IMCC 2015 Presentation Machinery Damage Claims – A Legal Perspective September 24, 2015 Presented by: Joseph G. Grasso

2. © 2015 Wiggin and Dana LLP 2  Insurance Coverage Considerations Policy wording Causation Quantum Roles of experts Evidentiary issues Dispute resolution issues Agenda

3. © 2015 Wiggin and Dana LLP 3  Subrogation and Recovery Causation Quantum Roles of experts Evidentiary issues Nature of claims Dispute resolution issues Agenda (con’t.)

4. © 2015 Wiggin and Dana LLP 4  Slips and certificates  Forms or manuscript  Exclusions  Endorsements  Ambiguities? Policy Wording – Interpretation

5. © 2015 Wiggin and Dana LLP 5  Fortuity requirement  Peril of the sea (e.g., grounding or collision?)  Inchmaree clause cause (e.g., latent defect or crew/repairer negligence?) Causation

6. © 2015 Wiggin and Dana LLP 6  Repair/replacement or defective part?  Multiple causes?  Pre-existing damage DOL?  Reasonable cost of repairs Quantum

7. © 2015 Wiggin and Dana LLP 7  Battles of the experts  Confidentiality/Privilege Roles of Experts

8. © 2015 Wiggin and Dana LLP 8  Access/availability  Preservation/spoliation Evidentiary Issues

9. © 2015 Wiggin and Dana LLP 9  Choice of law  Forum selection  ADR? Dispute Resolution

10. © 2015 Wiggin and Dana LLP 10  Causation Wear and tear? Latent defect? Multiple causes Subrogation and Recovery

11. © 2015 Wiggin and Dana LLP 11  Breach of contract  Breach of warranty  Tort Types of Claim

12. © 2015 Wiggin and Dana LLP 12  Recoverability/forseeability  Limitation of liability? Quantum

13. © 2015 Wiggin and Dana LLP 13  Preservation  Spoliation Evidentiary Issues

14. © 2015 Wiggin and Dana LLP 14  Choice of law  Forum selection/jurisdiction Dispute Resolution

15. © 2015 Wiggin and Dana LLP 15

16. © 2015 Wiggin and Dana LLP This presentation is a summary of legal principles. Nothing in this presentation constitutes legal advice, which can only be obtained as a result of a personal consultation with an attorney. The information published here is believed accurate at the time of publication, but is subject to change and does not purport to be a complete statement of all relevant issues.