Can the Jury Award That?
Beyond Out Of Pocket Damages
Washington, D.C. ~ November 7-9, 2007
Can The Jury Award That?
• MODERATOR: Fredda Alpert, Claims
Consulting Director, CNA
• Marian Rice, Partner
L’Abbate, Balkan, Colavita & Contini, L.L.P.
• Mark Rosen, SVP & General Counsel
Darwin Professional Underwriters, Inc.
• Robin T. Symons, Member
Epstein Becker & Green, P.C.
• Garick Zillgitt, Senior Vice President
Guy Carpenter & Co. LLC
• Emerging or Expanding Exposures
• Improving Exposure Areas
• Good News or Bad News?
ADR / Rocket Dockets
Emerging or Expanding
• Sub-Prime Meltdown
• Privacy Breaches
• Securities Class Action Issues
Frequency and severity trends
Supreme Court decisions
Other factors accounting for positive
• Impact of good news on insurance
Should companies still be buying?
• Punitive Damages
• ADR / Rocket Docket
• Medical Malpractice
• Attorney fees
The punitive damages battleground
has been shaped by U.S. Supreme
ADR modalities are growing
• Class action limitations and waivers
are getting traction
• Mediation and Online Dispute
Resolution (ODR) divert many
• Specialty courts are increasing
• Rocket dockets compress the
life cycle of litigation
• Corporate transparency and
accountability post-SOX is finding its
way into the med/mal arena
• Almost 3 dozen states track
physicians’ prescribing habits
• Interest in MRSA is changing the
infectious disease protocols for
health care facilities
• Pre-suit notice statutes may be
converted from shield to sword
• Sub-Prime will be a substantial D&O, E&O, and
Fiduciary expense for some companies
• Breakdown in privity requirements continues
• Privacy breaches have not yet produced huge
monetary losses, but could become much larger
• Securities litigation environment is much improved
• Supreme Court decisions have shaped the punitive
• Beware of unintended consequences: ADR /
Rocket Dockets; Medical Malpractice
Thank you to . . .
• Fredda Alpert
• Marian Rice
• Mark Rosen
• Robin Symons
• Garick Zillgitt