1. Complex Liability
Consulting Practice
MASS TORT AND COMPLEX LIABILITY SOLUTIONS
Many organizations face mass tort and other complex Who it’s for:
liabilities that can significantly affect their financial outlook. • Companies facing tort liabilities
Allegations surrounding such liabilities can span decades and involving insurance coverage under
one or more policies, lines of coverage,
include “long-tail” exposures involving asbestos, pollution, or policy periods
medical devices/pharmaceuticals, product liability,
• Companies that have engaged in
chemicals, construction defects, or sexual misconduct, mergers and/or acquisitions and are
among others. Marsh Risk Consulting (MRC) helps managing multiple lines of coverage
companies maximize insurance recoveries, avoid costly • Companies contemplating a merger/
litigation with insurers, and mitigate the negative financial acquisition that want a better
effects of these liabilities. understanding of insurance assets
that may be available to offset
legacy liabilities
SERVICE HIGHLIGHTS
What you get:
MRC provides solutions to help you understand, assess, and manage mass
• Depth of expertise across the full range
tort and other complex liabilities. From research and analysis of current and
of tort liability services, including
historical coverage to data archiving, loss allocation modeling, insurer insurance archeology, policy analysis
negotiation and broader insurance asset recovery assistance, and analysis of and mapping, electronic database
potential insurance recoverables for financial reporting and transactional due solutions, loss allocation modeling,
diligence, we offer exceptional expertise to help you handle all aspects of and negotiations with insurers and
these matters. claims collectors
• Highly experienced consultants,
GLOBAL INSURANCE ARCHEOLOGY including professionals with prior
Historic liability insurance policies frequently offer protection from the experience as attorneys, accountants
negative financial impacts of mass tort and other complex liability claims. and claims analysts as well as
statistical, technology, financial, and
Yet organizations are often unable to locate their historic policies or
other specialized experts
otherwise document this valuable coverage. MRC can help you identify
historical insurance assets dating as far back as the 1940s that can potentially • Proprietary, Web-accessible system
total hundreds of millions of dollars in coverage. With extensive insurance for digitally archiving insurance
contacts and access to the largest broker archive in the United Kingdom, we policies along with detailed coverage
summaries
also provide London market insurance research.

2. Our services include: planning, settlement, and financial
• Research and internal reviews reporting. We help you:
of historic corporate records • Determine the scope and extent of
and archives your historical insurance assets
• Interviews with current and • Analyze insurer solvency to
CLAIMS MANAGEMENT
former personnel such as risk determine potential asset MRC can also help you reduce the
managers, corporate counsel, and impairment burdens of mass tort claims
records managers as well as former • Electronically archive, organize, and administration, litigation, and financial
brokers or brokerage personnel access current and historical management. We combine our expertise
who may have knowledge about insurance policies via the Internet in these areas with proprietary risk
a particular account management information technology to
• Analyze coverage triggers and policy track mass tort claims, manage
• Research relating to law firms, exclusions
government entities, accounting voluminous claimant and financial data,
firms, or other outside sources that and effectively monitor reimbursement
LOSS ALLOCATION MODELING from insurers. We can help track millions
may have retained important
evidence of insurance AND STRATEGIC RECOVERY of claims with tens of millions of
SOLUTIONS transactions, including processing of
• Contact with insurers to coordinate
Building upon analytical results, we defense costs and indemnity payments,
research for additional policy
prepare and present complex models integration with accounts payable
documentation
to assist in determining the optimal systems, insurer billings, aggregate
• Specimen policy form research to way to allocate losses to the potentially erosion, and data collection and
locate standard terms and maintenance.
triggered policies.
conditions for policies supported
only through secondary evidence We will then use our institutional ASSISTANCE IN
knowledge of global insurance markets FINANCIAL REPORTING AND
POLICY ANALYSIS, and access to key decision makers to TRANSACTIONAL DUE DILIGENCE
COVERAGE GRAPHS, AND assist in efforts to obtain insurance
ELECTRONIC ARCHIVING recoveries that can help cover defense, For companies looking to fulfill reporting
settlement, and judgment costs. We requirements on mass tort and
We provide comprehensive analysis of environmental liabilities in financial
historical insurance information along also offer analyses of insurer solvency
and recovery from insolvent insurers as statements and public filings, or for
with policy charting and electronic those that need to assess the financial
policy archiving using our proprietary, well as those involved in schemes of
arrangement. Our experience in effect of long-tail liabilities, MRC can
Web-accessible application—Insurance analyze and assist in valuing insurance
Coverage Explorer (ICE). These negotiations with insurers can help you
achieve favorable results without the receivables that may be available to
services assist in pursuing insurance offset such long-tail liabilities.
recoveries and valuing insurance need for costly and time-consuming
receivables and can be used in litigation. If litigation becomes
connection with bankruptcies, necessary, we assist legal counsel in
transactional due diligence, strategic their analysis and preparation of
litigation strategies, aggregate erosion,
and data collection and maintenance.
For more information on
these and other solutions
Marsh is one of the Marsh & McLennan Companies, together with Guy Carpenter, Mercer, and from Marsh, visit
Oliver Wyman. www.marshriskconsulting.com
This document is not intended to be taken as advice regarding any individual situation and should not or contact your local
be relied upon as such. The information contained herein is based on sources we believe reliable, but we
make no representation or warranty as to its accuracy. Marsh shall have no obligation to update this
Marsh representative.
publication and shall have no liability to you or any other party arising out of this publication or any
matter contained herein. Any statements concerning actuarial, tax, accounting, or legal matters are
based solely on our experience as insurance brokers and risk consultants and are not to be relied upon
as actuarial, accounting, tax, or legal advice, for which you should consult your own professional
advisors. Any modeling, analytics, or projections are subject to inherent uncertainty, and the Marsh
Analysis could be materially affected if any underlying assumptions, conditions, information, or factors
are inaccurate or incomplete or should change. Marsh makes no representation or warranty concerning
the application of policy wordings or the financial condition or solvency of insurers or re-insurers. Marsh
makes no assurances regarding the availability, cost, or terms of insurance coverage.
Copyright © 2011 Marsh Inc. All rights reserved. Compliance MA9-10471 2685