Bankruptcy or Insolvency post-Owens-Illinois/ Carter-Wallace, Farmers Mutual, and Ward Sand: How to Allocate When There Are Solvent Policies Above or Below an Insolvent, Treatment of Periods Insured by Insolvent Carriers in Long-Tail Allocations, and

June 23, 2016 3:05pm

Bridget M. Gillespie Esq.
Picadio Sneath Miller & Norton, P.C.

Frank Winston Jr.
Steptoe & Johnson LLP

Robert Lenahan
Associate General Counsel
Legion Insurance Company (in liquidation)

  • Owens-Illinois/Carter-Wallace and insolvent insurers — how expansive is the ruling being applied?
  • Insolvency of Policy Holders vs. Gaps in Coverage Which Includes Insurer Insolvency
  • When and to what degree does the state guaranty fund participate: Responsibility of State Guaranty Associations in allocation schemes; responsibility of state guaranty funds in paying the insolvent share
  • The Farmers Mutual decision in NJ opened up a lot of questions that the court did not address. How to adapt in response? What’s the impact of the Ward Sand holding that the statutory changes that were the basis for the Farmer Mutual decision only apply to post December 2004 insolvencies?
  • Drop down for insolvencies where you sit above an insolvent or drop over and pay your percentage first where you are participating in a layer with insolvencies: how one allocates where there are solvent policies either above or below an insolvent
  • Treatment of periods insured by insolvent carriers in long-tail allocations