“The Philadelphia Story: Asbestos litigation, bankruptcy trusts and changes in exposure allegations from 1991–2010,” is Bates White’s newest paper published in Mealey’s Litigation Report: Asbestos. It discusses pre- and post-Bankruptcy Wave impacts on the claiming behavior in asbestos lawsuits.
Bates White provides sophisticated estimation services for insurance policy valuation and allocation for buyouts, dispute resolution, coverage-in-place agreements, and coverage negotiations, including operations-based nonproducts coverage. At the heart of our insurance valuation work is Bates White’s proprietary allocation software, which allows us to evaluate the impact of any number of complex liability streams on available policies under differing coverage assumptions. Our analyses offer a level of detail, accuracy, and insight that is unmatched. The result is that we enable our clients to better understand the bottom-line impact of potential outcomes, make more informed decisions about legal and negotiation strategies, and improve their position in insurance disputes.
Bates White also integrates extensive liability valuation analysis with evaluation of client policy information. Through our subsidiary Eyestreet Insurance Analytics, we offer clients coverage-in-place (CIP) implementation and data warehousing services.
- Served as testifying expert on behalf of CSX Transportation on the suitability of asbestos claim settlements for arbitration proceedings of CSX Transportation, Inc. v. Lloyd’s, London.
- Served as testifying expert on behalf of IMO for its asbestos-related insurance coverage dispute in Imo Industries, Inc. v. Transamerica Corp.
- Provided deposition testimony on behalf of multiple insurance companies regarding potential future remediation costs for a portfolio of environmental sites and the allocation of those costs, inclusive of the appropriate treatment of settlement credits, across the coverage programs of numerous allegedly responsible companies.
- Estimated liability for a major manufacturer resulting from the sale of a former subsidiary. Analyzed available insurance assets to assist client with insurance-related negotiations.
- Analyzed the asbestos claims history of a major auto components manufacturer, analyzed potential asbestos liability, and developed insurance analysis tool to assist with coverage negotiations.
- Assessed the available coverage for a multihundred million dollar EPA remediation resulting from a strip-mining operation.
- Designed and implemented statistically reliable claim file reviews both for policyholders and for insurance companies in numerous matters.
Nonproducts coverage valuation and analysis services
Many asbestos defendants have exhausted their available products-based insurance coverage and are turning to operations-based “nonproducts” coverage for additional recoveries. We use fact-based, scientific methods to quantify the number of claimants potentially exposed to a given company’s operations. We combine our knowledge of asbestos liabilities and insurance coverage with hard data from sources such as the US Census Bureau and Bureau of Labor Statistics to explain how, in most cases, only a small portion of a company’s liability is attributable to its operations. We perform multiple evaluations to determine the range of potential outcomes and apply different techniques to validate our results.
- Submitted affirmative and rebuttal expert reports and provided deposition testimony on behalf of a joint insurer defense group, quantifying the fraction of liability from a national insulation contracting company’s claimants with operations-based exposure.
- Retained as testifying expert on several nonproducts coverage cases involving regional insulation contractors, including many of the Johns Manville affiliates and spanning entities focused on commercial, shipyard, and industrial settings.
- Assessed potential nonproducts liability and provided expert opinions regarding boiler makers, refractory companies, and general construction firms.
- Retained by both insurers and insureds to support insurance buy-back negotiations.