EXCESS,
SURPLUS LINES AND REINSURANCE
COMMITTEE
View from the Chair
By
David H. Anderson
Schiff Hardin LLP
Dear ESLR Committee Member:
I have lots of news to report in this edition of the ESLR Newsletter,
August 2005 ABA Annual Meeting
We hope to see you at the August 2005 Annual Meeting in Chicago.
Here's list of ESLR-related events taking place in Chicago;
Programs
On Friday, August 5, 2005 from 2:00pm to 5:00pm, ESLR will be co-sponsoring an Annual Meeting Program with the Corporate
Counsel, Self-Insurers Risk Managers, and Insurance Coverage Litigation Committees entitled "Effective Solutions to Common
Insurance-Related Transactional Issues." The three-part program will focus on: (1) contractual indemnity provisions in
leases, construction contracts, and purchase agreements, and how to structure them to trigger insurance coverage; (2)
policy buybacks, novations, and other current issues arising from troubled insurers such as Kemper, and including some
discussion of direct access to reinsurance proceeds; and (3) mergers & acquisitions-related insurance issues,
with a focus on successor liability and the implications of the California Supreme Court's recent decision in
Henkel Corp. v. Hartford Acc. & Indem. Co. Speakers will include Dennis F. Kerrigan of LeBoeuf, Lamb, Greene & MacRae,
LLP, Ann M. Mooney of Coolley Godward, Jerry Pluard of Kemper Insurance, Diana Chafey of Piper Rudnick LLP, Richard D.
Dingman of Lockton Companies of Colorado, Inc., David H. Anderson of Schiff Hardin LLP, William J. Baron of Hancock
Rothert & Bunshoft LLP, and Jim Gloriod of AON Risk Services.
On Saturday, August 6 from 2:00pm to 5:00pm, ESLR will be co-sponsoring another program entitled "Why Do Insurers Sue Each
Other and What Happens When They Do? Inter-Carrier Disputes Theory and Practice." Speakers will include Brent W. Huber of
Ice Miller, Martha Hollingsworth of Bingham McHale LLP, Stephen J. Abarbanel of Robinson & Cole, LLP, Franklin D. Cordell
of Gordon Murray Tilden LLP, Daina Kojelis of Zurich North America, and James W. Beckley of American Agricultural Ins. Co.
ESLR Business MeetingBe sure to attend ESLR's Business Meeting at 7:30 a.m. on Saturday, August 6,
because we know you'll already be up at that hour and looking for something worthwhile to do
Joint Committee DinnerOn Saturday night, please join us for our annual Joint TIPS Committee Dinner,
featuring members, friends, and significant others of the following TTIPS Committees: ESLR, Insurance Coverage, Corporate
Counsel, Self-Insurers & Risk Managers, Property Insurance, Insurance Regulation, Products Liability, Business Litigation,
and Professionals', Officers' & Directors' Liability. The dinner will be held at a rather unique and exciting venue: the
Kendall College Culinary School Dining Room at 900 N. North Branch St. Cocktails are at 6:30 p.m., dinner is at 7:30 p.m.
This is a great way to catch up with old friends, meet new ones, and network with members of other committees.
Kendall College's Dining Room (2500 square feet) is an extraordinary working classroom that provides advanced student
chefs with the opportunity to gain real-world experience in a professionally-run fine dining restaurant under the
supervision of Kendall's experienced faculty. Thanks to an outstanding faculty and dedicated students, Kendall College
continues to produce the nationšs finest and most consistently recognized chefs and pastry chefs. Featuring majestic
views of beautiful downtown Chicago, there is free guest parking, and multi-course meals at reasonable prices. James
Ward, ABC 7's Food Critic says, "the real proof of the pudding is what the Kendall students cook and serve in the elegant
dining room, dishes like foie gras and lobster salad, ahi tuna or stuffed capon."
To attend the dinner, send a check made payable to "Kendall College" in the amount of $85.00 per person to Jill Berkeley
at Schiff Hardin LLP, 6600 Sears Tower, Chicago, IL 60606 no later than July 29, 2005. Please indicate your choice of
salmon, beef, or vegetarian main course.
Thanks to 2006 Annual Survey Co-AuthorsThanks to everyone for the overwhelming response we received
regarding co-authoring ESLR's 2006 Annual Survey article. Co-authoring the article will be Roberta Anderson of
Kirkpatrick & Lockhart in Pittsburgh, Michael Rothman of Winthrop & Weinstine in Minneapolis, Andrew Magwood of
McCormick, Barstow, Sheppard, Wayte & Carruth LLP in Fresno, Kara Goodchild of Saul Ewing in Philadelphia, and Earl
Zimmerman of Clifford Chance in New York. Roberta Anderson has graciously volunteered to serve as the lead author.
Change in Committee Leadership and Need for Newsletter EditorAs of August 6, 2005, I will no longer be
the Committee Chair. It has been a real honor serving as Chair over the past two years and I thank the membership as well
as TTIPS leadership for allowing me to serve in that capacity. I leave you in the able hands of Andrew Houghton, the new
committee Chair. Our current newsletter editor, Stephen Schwab will become the new Chair-Elect as of the Annual Meeting,
which means we need a new committee Newsletter Editor. Please contact Andrew Houghton at (212) 894-6810 or
ahoughton@condonlaw.com if you are interested in serving as ESLR's Newsletter Editor.
Annotations to Surplus Lines Statutes, Fourth Edition, is Now Available
A special thanks to former Committee Chair Robert Ferm of Hall & Evans for all of his work in overseeing the fourth edition
update to the Annotations to Surplus Lines Statutes, which is now available through ABA Publishing. You buy this book on
the ABA website at:
http://www.abanet.org/abastore/index.cfm?section=main&fm=Product.AddToCart&pid=5190386
Why not buy one for the office and another for home?
We Need Your Newsletter Submissions!
Have you written a recent article or case summary for your clients? Submit it to ESLR and we'll publish it in this
Newsletter! We're always looking for articles and case summaries. Send them directly to our Newsletter Editor,
Stephen W. Schwab at DLA Piper Rudnick Gray Cary, at stephen.schwab@piperrudnick.com.
Finally, many thanks to our Website Coordinator, Larry P. Schiffer, for his excellent work in maintaining ESLR's website,
as well as for his continuing contributions to the Committee's newsletter. Check it out at
http://www.abanet.org/tips/eslr/home.html
Last Modified on
Friday, July 15, 2005 12:48 PM
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