1. 2007 International Conference Washington, D.C. ~ November 7-9, 2007 Can the Jury Award That? Beyond Out Of Pocket Damages

2. Can The Jury Award That? Panel Members MODERATOR: Fredda Alpert, Claims Consulting Director, CNA Marian Rice, Partner L’Abbate, Balkan, Colavita & Contini, L.L.P. Mark Rosen, SVP & General Counsel Darwin Professional Underwriters, Inc. Robin T. Symons, Member Epstein Becker & Green, P.C. Garick Zillgitt, Senior Vice President Guy Carpenter & Co. LLC

3. Overview Emerging or Expanding Exposures  Sub-Prime Meltdown  Privity  Privacy Breaches

4. Overview (cont’d) Improving Exposure Areas  Securities Litigation  Daubert Update

5. Overview (cont’d) Good News or Bad News?  Punitive Damages  ADR / Rocket Dockets  Medical Malpractice  Attorney Fees

7. Emerging or Expanding Exposures Sub-Prime Meltdown Privity Privacy Breaches

8. Improving Exposure Areas Securities Class Action Issues  Frequency and severity trends  Supreme Court decisions  Other factors accounting for positive changes

9. Improving Exposure Areas (cont’d) Impact of good news on insurance purchasing decisions  Program structures  Should companies still be buying?

10. Good News or Bad News? Punitive Damages ADR / Rocket Docket Medical Malpractice Attorney fees

11. Punitive Damages The punitive damages battleground has been shaped by U.S. Supreme Court decisions.

12. ADR/Rocket Docket ADR modalities are growing Class action limitations and waivers are getting traction Mediation and Online Dispute Resolution (ODR) divert many disputes

13. ADR/Rocket Docket Specialty courts are increasing Rocket dockets compress the life cycle of litigation

14. Medical Malpractice Exposures Corporate transparency and accountability post-SOX is finding its way into the med/mal arena Almost 3 dozen states track physicians’ prescribing habits

15. Medical Malpractice Exposures Interest in MRSA is changing the infectious disease protocols for health care facilities Pre-suit notice statutes may be converted from shield to sword

16. Takeaways Sub-Prime will be a substantial D&O, E&O, and Fiduciary expense for some companies Breakdown in privity requirements continues Privacy breaches have not yet produced huge monetary losses, but could become much larger Securities litigation environment is much improved Supreme Court decisions have shaped the punitive damages battleground Beware of unintended consequences: ADR / Rocket Dockets; Medical Malpractice

17. Audience Q & A

18. Thank you to... Fredda Alpert Marian Rice Mark Rosen Robin Symons Garick Zillgitt