KCIC: News

KCIC professionals are active in the marketplace serving as subject matter experts on insurance and litigation related topics such as insurance archaeology, forecasting, allocation, credit analysis and the use of technology in evidence, forecasting and litigation support.

Upcoming Events - Recent Events - White Papers - Recently Quoted

Announcements:

KCIC Releases New Version of Scheme Tracking Platform

WASHINGTON, Oct. 25, 2011 – KCIC has released a new version of its online scheme tracking platform. Most significantly, the site, which previously included only London Market schemes of arrangement, now includes domestic companies that have become subject to a supervisory action, such as rehabilitation or liquidation. KCIC has long assisted clients and their counsel in tracking developments in the insurance market, identifying their implicated coverage, and helping them to value the coverage and respond appropriately. With this new version, users can access the latest information on London Market schemes and domestic actions through one online platform. Click here to read more.

KCIC Releases New Version of Claims Administration System

WASHINGTON, July 11, 2011 – KCIC announced today the release of a new version of its claims administration system. With this new release, KCIC has modified and added a number of features to its system to further improve the product functionality and client experience. Many of the new developments come out of KCIC’s approach of collaborating with clients and their counsel to develop a system that best meets their needs. Click here to read more.

KCIC Announces Expansion of Senior Leadership Team

WASHINGTON, Oct. 28, 2010 – KCIC announced today that Nancy Gutzler and Michelle Potter have joined the firm as Vice President and Manager, respectively. Click here to read more.

American Bar Association Appoints Elizabeth Hanke Co-Chair of the Excess & Umbrella Subcommittee

Elizabeth Hanke, Vice President, KCIC, has recently been appointed Co-Chair of the Excess & Umbrella Subcommittee of the ABA Insurance Coverage Litigation Committee, one of the largest and most successful Committees in the ABA’s section of Litigation. Please visit the ABA website for more details and stay tuned for information regarding upcoming committee events.

Upcoming Events:

KCIC will be sponsoring HB Litigation Conferences' "Food, Drug and Medical Device Litigation Forum" on April 23-24, 2012. The conference will address regulatory developments affecting the food, drug and medical device industries including responding to government enforcement actions and investigations, mitigating risks and defending litigation. Please visit the conference website for more information on registration.

Elizabeth Hanke will be speaking at HB Litigation Conferences' "All Sums, Reallocation and Settlement Credits" conference on May 10, 2012. She will be participating on a panel entitled "So You've Got All Sums -- Now What? Applying All Sums to a Complex Insurance Program". Please visit the conference website for more information on registration and click here to read the press release.

KCIC will be sponsoring HB Litigation Conferences' "Additional Insured and Indemnification Conference: Other People's Money" on May 11, 2012. The conference will cover the practical and strategic differences between contractual indemnification and additional insured coverage, issues with SIRS and deductibles in teh additional insured context and triggering the duty to defend under additional insured coverage. Please visit the conference website for more information on registration.

Recent Events:

KCIC sponsored Perrin's "Emerging Risk on Dual Frontiers: Perspectives on Potential Liabilities in the New Decade" conference on April 12-13, 2012. The conference covered catastrophic losses, perennial issues for insurers and reinsurers and third party litigation finance. Please visit the conference website for more information.

KCIC sponsored HB Litigation Conferences' "Construction Litigation Leaders' Forum" on April 8-9, 2012. Topics included the economy's impact on litigation and claims processing, new allegations and case theories in light of emerging product issues and the key decisions framing cases. Please visit the conference website for more information.

Jonathan Terrell spoke at ABA’s Section of Litigation 2012 Insurance Coverage Litigation Committee CLE Seminar. The Seminar took place March 1-3, 2012. He participated in a roundtable entitled “Come Monday Will it be Alright? Putting our Trust in Mr. Buffet.” KCIC sponsored the Seminar. Please visit the conference website for more information.

KCIC sponsored HB Litigation Conferences’ “Construction Defect and Insurance Leaders’ Forum” in March 2012. Please visit the conference website for more information.

KCIC sponsored HB Litigation Conferences’ “Trying an Asbestos Case: How to get the W Conference & Live Webcast” on March 1, 2012. The conference addressed ethical considerations involved in mass tort global settlements and trends in several jurisdictions. Please visit the conference website for more information.

On February 23, 2012, Elizabeth Hanke spoke on the panel “After the Storm – Catastrophic Loss and Business Interruption” and Nancy Gutzler spoke on the “Mathematical Estimates of Carrier Exposures” panel at the Perrin Emerging Insurance Coverage & Allocation Issues Conference. This event featured leading authorities as they discussed current and emerging coverage issues that will have a dramatic impact on the insurance and reinsurance litigation landscape. Please visit the conference website for more information.

Dan Maloney spoke and Jonathan Terrell moderated a panel at HB Litigation Conferences’ “Solvent Schemes of Arrangement: Latest Developments in the UK and US” on January 24, 2012. The conference highlighted UK solvent schemes and the UK run-off market, third party stakeholders in the solvent schemes process and alternatives outside the UK and US. Please visit the conference website for more information and click here to read the press release.

KCIC sponsored DRI’s Insurance Coverage and Practice Symposium on December 15-16, 2011. A distinguished faculty of lawyers, insurance industry leaders and judges provided their insight on emerging issues, national claims trends and advice for the first- and third-party practitioner as well as claims professional. Please visit the conference website for more information.

KCIC sponsored HB Litigation Conferences’ “Gas Drilling Operations Conference & Live Webcast” on December 13, 2011. Please visit the conference website for more information on this conference.

KCIC sponsored Perrin Conferences’ “Litigating Asbestos Cases in Today's Economic Environment Featuring Insights from the Bench: The Judicial Perspective” on December 1, 2011. Please visit the conference website for more information on this conference.

KCIC sponsored DRI’s Asbestos Medicine Conference on November 10-11, 2011. The conference addressed the latest medical and legal developments in asbestos litigation, how to best evaluate and defend asbestos cases, and the future of mass tort litigation. Please visit the conference website for more information.

KCIC sponsored DRI’s 16th Annual Meeting on October 26-30, 2011. Keynote speakers President Bill Clinton and Justice Antonin Scalia shared their insight on the principles of persuasion and oral argument. John S. Pistole, administrator of the Transportation Security Administration, spoke on the evolution and future of the administration. Please click here for more information.

KCIC sponsored HB Litigation Conferences’ “Transvaginal Mesh (TVM) Litigation Conference” on October 4, 2011. This conference concentrated on the historic usage of Transvaginal Mesh, recent FDA activity, important litigation information and various case theories. Please click here for more information.

KCIC sponsored HB Litigation Conferences’ “Lead Litigation Conference” on October 3-4, 2011. This conference provided practical tips for trying a low level exposure case, information on medical malpractice opportunities, how abatement factors into lead litigation and the use of language analytics to build case knowledge and legal strategy. Click here for more information.

Elizabeth Hanke spoke at the National Asbestos Litigation Conference in Amelia Island, Florida on October 4, 2011 hosted by HB Litigation Conferences. Please visit the conference website for more information.

Elizabeth Hanke spoke at the annual Asbestos Litigation Conference: A National Overview and Outlook in San Francisco on September 20, 2011 hosted by Perrin Conferences. During their session, Hanke and her co-panelists addressed practical approaches to common insurance coverage challenges. In particular, Hanke identified valuation techniques and other quantitative methods to help policyholders and their counsel make better coverage-related decisions. Please visit the conference website for more information or click here to see the press release.

KCIC sponsored HB Litigation Conferences’ “Gas Drilling Operations Conference & Live Webcast” on September 9, 2011. The conference addressed the potential harms of unconventional natural gas drilling, recent spills and contaminations, third-party insurance recovery for hydraulic fracturing (fracking)-related liability, and first-party property and business interruption insurance coverage for energy companies engaged in fracking. Please click here for more information.

KCIC hosted a webinar on May 11, 2011 entitled "Claims Administration in the 21st Century" as part of the Perrin Conferences’ Legal Webinar Series. Nancy Gutzler and Dan Maloney of KCIC and Bette Orr of Gilbert, LLP presented on the legal and practical ramifications of inadequate claim tracking and exhaustion documentation. Using real world examples, they showcased how technology can mitigate the problems of improper documentation and maintain the cash flow. Please click here for more information.

Elizabeth Hanke recently spoke as part of a panel entitled "Will Insurance Be There When You Need to Settle? Top 10 Hints for Careful ADR Preparation" at the 2011 Insurance Coverage Litigation Committee CLE Seminar. For more information click here.

Elizabeth Hanke and Nancy Gutzler recently spoke at the Perrin Emerging Insurance Coverage & Allocation Issues Conference on January 24, 2011 in New York, NY. Elizabeth participated on a panel entitled “Where the Economics Hit the Road: Valuing Practical Settlement Options”, addressing how to effectively navigate through various settlement options and post-settlement considerations in order to reach an agreement that satisfies all parties. Nancy spoke on a panel entitled “Adding Up the Parts – Settlement Offsets in All Sums Jurisdictions”. This panel analyzed how settlements should be credited to unsettled insurers as well as the implications of pro-tanto versus policy limit credits. For more information click here.

Elizabeth Hanke, Vice President, KCIC, spoke as part of a panel entitled "Breaking the Silence: Environmental Cost Recovery is Springing to Life" at the 2010 Insurance Coverage Litigation Committee CLE Seminar in Tucson, AZ. For more information, click here.

Elizabeth Hanke, Vice President, KCIC, presented on "What Happens After the 'Spike'?: Reallocation and Application of All Sums in the Settlement Context" at the All Sums Reallocation & Settlement Credits conference held October 21, 2009 in Philadelphia, PA. For more information, click here.

Elizabeth Hanke, Vice President, KCIC, presented on "Insurance Coverage: Modern Insurance Solutions to Long-Tail Problems" at the Perrin Conferences' Asbestos Litigation Conference held September 14-16, 2009 in San Francisco, CA. For more information, click here.

Jonathan Terrell, President, KCIC, presented on "Insurance Coverage And The Current Financial Crisis: Practical Information for Risk Managers" at the Risk and Insurance Management Society, Inc. Memphis Chapter meeting held September 10-11, 2009.For more information, click here.

Jonathan Terrell, President, KCIC, presented on "Insurance Coverage And The Current Financial Crisis: Practical Information for Risk Managers" at the following Risk and Insurance Management Society, Inc. Central Ohio Chapter meeting on May 20, 2009. For more information, click here.

Elizabeth Hanke, Vice President, KCIC, participated in discussions on "Not Your Father's Allocations: Practical Solutions for Modern Long-Tail Settlements" during the ABA 2009 Section of Litigation Insurance Coverage CLE Seminar. For more information, click here.

Jonathan Terrell, President, KCIC, presented on "Insurance Coverage And The Current Financial Crisis: Practical Information for Risk Managers" to the Potomac Chapter of the Risk and Insurance Management Society, Inc. on January 21, 2009. For more information, click here.

White Papers:

Risky Business: Four Key Factors to Consider in Calculating Insurers' Credit Risk

When it comes to reaching a settlement agreement with an insurer, a frequent concern of policyholders is the insurer's credit risk. Policyholders must ask themselves questions such as: Are the insurer's claims of imminent insolvency believable? If the insurer agrees to make payments over future years, will it remain solvent to honor them? Is it worth discounting a cash settlement value to account for credit uncertainty? If so, by how much?

Foresight is 20-20: The Data You Collect Today Maximizes the Value of Your Coverage Tomorrow

We all know that knowledge is power. But when it comes to your product liability claims-particularly long-tail ones related to things like asbestos-it's not just knowing the information that matters; it's having the right data to prove it.

Eight Strategies to Realizing Higher Returns on Schemes of Arrangement

Most U.S. policyholders insured through the London Market have been affected by at least one Scheme of Arrangement (Scheme) in the past few years. Love them or hate them, given recent market developments you and your clients need an effective strategy to handle upcoming Schemes.

Recently Quoted:

Jonathan Terrell, President, KCIC, was recently quoted in the following Business Insurance magazine articles with regard to his opinion on the future of AIG: