PRIVILEGED & CONFIDENTIAL

ATTORNEY-CLIENT WORK PRODUCT

Case Caption: Date Prepared:

I.Background/Summary

A.Insured:

B.Plaintiff’s DOB & Current Age or Age at Time of Death:

C.Plaintiffs First Name, Last Name and Gender:

D.Plaintiff’s SSN and HICN if applicable:

E.If Plaintiff is a representative of a decedent, ignore B-D and provide the following information about the decedent:

  1. Decedent’s First and Last Name
  2. Decedent’s SSN and HICN
  3. Decedent’s DOB
  4. Decedent’s Gender

F.Disease and Diagnosis Date:

G.Date of First Exposure to Insured:

H.Defense Firm & Lead/Trial Attorney on this Case:

I.Plaintiff(s)’ Counsel Lead/Trial Attorney on this Case:

J.Jurisdiction:

K.Judge:

L.Trial Date:

  1. Mediation Date:
  2. Settlement Conference Date:

M.Demand:

N.Authority Requested:

O.Negotiation History:

II.Detailed Description and Analysis of Product, Premises and/or Operations at Issue:

(include relevant deposition testimony)

A.Work History/Exposure (as it relates to the insured):

B.Work History/Exposure (as to all defendants):

III.Medical Information

(Include ILO reading, PFT results, fiber burden analysis, surgical and/or other procedures and/or treatments)

A.Defense Expert(s) Findings:

B.Plaintiff Expert(s) Findings:

C.Smoking History:

D.Other Significant Medical History:

IV.Damages

(Where applicable, provide a range and explain for each)

A.Summary:

B.Economic Damages:

1.Medicals:

2.Lost Wages:

3.Spousal claim for lost wages and/or household services that is not part of loss of consortium damages?

4.Other:

C.Non-Economic Damages:

1.Pain and Suffering:

2.Wrongful Death:

3.Loss of Consortium:

D.Exemplary/Punitive Damages:

1.What is the likelihood that punitive damages will be awarded against our insured?

i.If likely, how are punitive damages calculated, and what is the likely range?

E.Jurisdictional Damages Caps/Limitations:

V.Apportionment/Setoffs

A.Jurisdictional Rules Regarding Apportionment/Setoffs:

B.Estimated Number of Shares/Defendants on Jury Form:

C.Total Estimated Pre-verdict Settlements: If setoffs are allowed, estimate the total amount of pre-verdict settlements the plaintiff will collect prior to trial.

D.Bankruptcy Trust Disclosures:

1.Have you requested and received plaintiff’s bankruptcy trust claims forms? If so, please provide the full claims forms and trust claim payments amount, the value of claims made to trusts, the potential value of future/undisclosed trust claims. Please also identify any not previously disclosed alternate exposures, medical information and/or other facts about plaintiff that could be used during negotiation and/or presented at trial.

2.Have you requested an authorization from plaintiff allowing for collection of bankruptcy trust claims?

3.If no information has been provided, what attempts have you made to obtain the claims information from plaintiff?

4.Based on discovery conducted by you, with what trusts can we anticipate plaintiff filing against in the future?

VI.Exposure

A.Estimated High, Medium, and Low Verdict Range:

1.Insureds estimated percentage of liability

B.Pertinent Verdict History:

C.Settlement history on similar cases with this plaintiff’s counsel:

D.Insured’s Chance of a Defense Verdict based on Product Identification/Exposure (provide a numeric percentage and explain basis for estimate):

E.Insured’s Chance of a Defense Verdict based on Medicals (provide a numeric percentage and explain basis for estimate):

VII.Other Pertinent Details to Assist Our Evaluation:

VIII.Recommended Strategy/Next Steps for Disposition of Case:

(Including but not limited to pending motions)

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