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El Paso v. AEGIS

The Case: El Paso acquired another company which had a $600 million claim against it. El Paso was able to settle the claim for $10 million, which it sought to recover under its’ Directors and Officers insurance policy. AEGIS offered to reimburse them only $750,000. El Paso resorted to mediation.

The Challenge: Insight Design was engaged by counsel for El Paso to provide demonstratives for mediation. Consultation revealed that it was essential to show that AEGIS was liable for the entire settlement, not some apportioned amount as AEGIS argued, and that AEGIS was kept apprised as per the policy with the settlement process.

The Solution: Insight Design created a series of exhibits to illustrate the complex business relationships that placed the claim squarely in the realm of the insured’s D&O policy. Another series of exhibits detailed all of the consultation between the parties during settlement negotiations and AEGIS authorization of that settlement. We also created exhibits articulating the differences between El Paso’s accounting of damages and AEGIS’ incorrect accounting.

The Outcome: The mediators ruled in favor of El Paso and awarded full damages.

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