When the coalition was formed in 2000, the perception of asbestos litigation was very different from the reality, Behrens said.
There's no cure for silicosis, but industry experts say there are several steps insurers should be taking to fight the silicosis litigation.
One tool that's been effective in controlling asbestos claims, and could be used for silicosis as well, is a multidistrict litigation, or MDL.
The MDL is an example of insurers initiating, rather than just reacting to, litigation, Landin said.
Landin said insurers need to change the momentum of the litigation. "Plaintiffs count on insurers not being able to process all of these cases.
What are the expected financial outcomes of litigation and bankruptcy scenarios in terms of the property, the entity and the guarantees?
A timely evaluation of the impact of litigation and bankruptcy is probably the most overlooked analysis prior to actions by borrowers and lenders.
First is the realistic valuation of the real estate once litigation, foreclosure and bankruptcy commences.
As litigation rarely is an all or nothing situation, the best litigation plan includes a strategy to limit the discovery that must be provided to other litigants and claims that may be made against the employer to narrow the scope of the litigation.
Preemptive risk analysis and matching strategy to the desired outcome are two tools to manage litigation costs.
Flat fees might be applied for work done in the course of the litigation that can be clearly defined as to the number of hours it would typically take to perform such tasks.
Discovery is one of the more expensive phases of litigation. Managing discovery will help contain costs, in particular the management of document discovery.