Insurance Coverage Issues Arising from Subprime Lending and the Credit Crisis
Recording Date:
March 25, 2009

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Agenda and Speakers

•        Kinds of subprime claims reported to date
•        A review of the data and developing trends
•        Kinds of credit risk claims reported to date
•        When is a “Claim” first made?
•        Defining “professional services” for purposes of E&O coverage
•        SEC and other governmental investigations
•        Demands for non-monetary and equitable relief
•        When do legal expenses constitute covered “Defense Costs?”
•        Issues involving pre-claim and pre-tender legal expenses
•        Special Litigation Committee and internal investigation legal expense issues
•        When are legal expenses “reasonably related” to covered Claims?
•        Issues involving disgorgement, unentitled advantage and fraud
•        Coverage issues involving fees and commissions
•        When is intentional conduct considered uninsurable intentional misconduct?
•        Coverage Implications of Government Intervention in an Insured Organization
•        Mergers/Acquisitions Coverage Provisions
•        Cooperation/Consent
•        Insured v. Insured Exclusion
•        Managing communications with an insurance tower
•        What constitutes effective “cooperation?”
•        When is the insurers’ consent required?
•        Settlement pitfalls and best practices
John McCarrick, Esq., Edwards Angell Palmer & Dodge LLP, New York
Lorelie Masters, Esq., Jenner & Block LLP, Washington, DC