Can the Jury Award That

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					      2007 International
         Conference


Can the Jury Award That?
Beyond Out Of Pocket Damages




       Washington, D.C. ~ November 7-9, 2007
            Can The Jury Award That?
                    Panel Members

• 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
                  Overview




• Emerging or Expanding Exposures
     Sub-Prime Meltdown
     Privity
     Privacy Breaches
                     Overview
                        (cont’d)




• Improving Exposure Areas
     Securities Litigation
     Daubert Update
                  Overview
                     (cont’d)




• Good News or Bad News?
     Punitive Damages
     ADR / Rocket Dockets
     Medical Malpractice
     Attorney Fees
       Emerging or Expanding
            Exposures


• Sub-Prime Meltdown

• Privity

• Privacy Breaches
                 Improving
               Exposure Areas


• Securities Class Action Issues
     Frequency and severity trends
     Supreme Court decisions
     Other factors accounting for positive
      changes
                  Improving
                Exposure Areas
                      (cont’d)




• Impact of good news on insurance
  purchasing decisions
     Program structures
     Should companies still be buying?
                  Good News
                      or
                  Bad News?

• Punitive Damages

• ADR / Rocket Docket

• Medical Malpractice

• Attorney fees
         Punitive Damages



The punitive damages battleground
has been shaped by U.S. Supreme
Court decisions.
       ADR/Rocket Docket

ADR modalities are growing

• Class action limitations and waivers
  are getting traction
• Mediation and Online Dispute
  Resolution (ODR) divert many
  disputes
         ADR/Rocket Docket



• Specialty courts are increasing

• Rocket dockets compress the
  life cycle of litigation
         Medical Malpractice
             Exposures


• Corporate transparency and
  accountability post-SOX is finding its
  way into the med/mal arena

• Almost 3 dozen states track
  physicians’ prescribing habits
        Medical Malpractice
            Exposures


• Interest in MRSA is changing the
  infectious disease protocols for
  health care facilities

• Pre-suit notice statutes may be
  converted from shield to sword
                    Takeaways

• 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
  damages battleground
• Beware of unintended consequences: ADR /
  Rocket Dockets; Medical Malpractice
Audience

 Q&A
             Thank you to . . .


•   Fredda Alpert
•   Marian Rice
•   Mark Rosen
•   Robin Symons
•   Garick Zillgitt