Recording Date: August 18, 2010
Duration: 101 minutes

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Agenda

• Introduction
-What is the MSPA?
-Why all the interest in the MSPA now?
•Structure of MSPA
-What are the elements of a claim for reimbursement?
-What are the defenses to a claim for reimbursement?
•MSPA Applied Recent Case
-U.S. v. Stricker
-Status of Case
•Section 111 Reporting Requirements
-What are the new reporting requirements?
-What are the penalties for failing to report?
•What Issues Will Insurers and Reinsurers Face
-Issues Facing Insurers
-Issues Facing Reinsurers

Speakers

Benjamin A. Blume is a member in Cozen O’Connor’s Chicago office. For more than 20 years, Ben has represented clients in every aspect of the insurance and reinsurance business, including claim counseling, litigation and arbitration, premium disputes, policy drafting, regulatory issues, and formation of captive insurers and risk retention groups. Ben has litigated many long-tail claims arising out of environmental contamination and exposure to asbestos and other toxic substances. He has extensive experience with a wide variety of issues under personal and commercial lines, primary, umbrella, excess, surplus lines, and reinsurance. He represents ceding and assuming companies in a variety of reinsurance disputes. His reinsurance practice includes representing excess of loss reinsurers written over self-insurers and self-insured pools, and representing and counseling clients with respect to disputes over asbestos and environmental claims. Ben also regularly represents and counsels clients with respect to bad faith, fraud, spoliation of evidence, and other extra-contractual matters. Ben is admitted to practice in all state courts in Illinois, the U.S. Court of Appeals for the Seventh Circuit, and the U.S. District Courts for the Northern District of Illinois and the Eastern District of Wisconsin. He has also been admitted pro hac vice counsel in numerous other jurisdictions. In 2010, Benjamin was selected as a Leading Lawyer.

John D. LaBarbera is a member in the Chicago office of Cozen O’Connor. His practice focuses on representing clients in all aspects of the insurance and reinsurance business, including claims counseling, litigation and arbitration, business transactions and tax matters, regulatory issues, and alternative risk transfer arrangements including captive formations. His practice includes the handling of issues involving commercial insurance, primary, umbrella, excess and surplus lines, professional liability insurance, worker’s compensation insurance, and reinsurance. John’s practice also involves assisting clients in matters involving employee benefits and ERISA issues, insurance trust formation and reformation, and tax issues related to benefit trust dissolution. His experience in the reinsurance area focuses on litigating and arbitrating disputes, representing reinsurers of worker’s compensation programs, insurance pools, and treaty reinsurance programs. He has represented reinsurers of life and health programs in litigation and arbitration matters. He also represents ceding companies in recovering reinsurance assets involving underlying environmental and asbestos matters. Prior to practicing law, John was employed with various insurers in the life and health and property and casualty industries. He is licensed to practice in the Illinois state courts, as well as the U.S. District Courts for the Northern District of Illinois and the Eastern District of Wisconsin and the U.S. Courts of Appeals for the Sixth and Seventh Circuits and has appeared as pro hac vice counsel in courts throughout the United States.

Jim Tanella is a Managing Director within Navigant Consulting’s Insurance and Claims practice. Since joining the firm in 1986, Mr. Tanella has been involved in some of the most significant and complex litigations in US history. He has worked on a variety of products liability matters including asbestos bodily injury and property damage, tobacco, and breast implants; environmental matters; and electronic discovery. Mr. Tanella’s experience is primarily in the areas of claim processing and analysis, information management, technology and insurance. For more than 23 years, he has worked extensively in the area of asbestos claims management, supervising teams that provide services ranging from of data collection, processing, reporting and analysis to due diligence reviews and claim audits.