Associated Electric & Gas Insurance Services Limited ("AEGIS") has sponsored the development of AEGIS Gas Litigation Service (AGLS) to better serve its Members presently involved in, or imminently threatened by, gas-related litigation.

AEGIS has supported its Members by recommending specialized counsel to assist local or in-house counsel with gas-related litigation. Specialized counsel work selectively with the Member and local counsel to maximize the potential for an optimal litigation result and to reduce defense costs. Because of the success of this initiative, and due in part to increased Membership requests for this service, AEGIS created AEGIS Gas Litigation Service in 1997. Note that while a majority of AGLS work arises from natural gas incidents, counsel are also qualified to assist Members in litigation involving liquefied petroleum gas (propane) and liquefied natural gas.

Gas Related Claims Eligible for AGLS Consultation
The defense of gas-related litigation is expensive; however, the expense of defending such litigation often pales in comparison to potential damages to which the Members and AEGIS are exposed. AGLS is designed to be considered when a gas-related incident presents a potentially high financial exposure or for litigation with a higher than usual degree of technical complexity. All gas-related incidents qualify for a free initial AGLS consultation.

The Effective Gas Incident Defense
Gas-related cases are often exceptionally complex from technological, scientific and operational perspectives. AGLS was created as a resource to assist Members in reducing loss exposures and managing litigation costs. Through its network of nationally recognized experts in the defense of gas-related litigation, AGLS assists local counsel in reducing duplicative efforts, focusing litigation strategies on pivotal issues, and counteracting the testimony of plaintiffs' experts. Following are a few examples of how AGLS counsel can assist Members and local defense counsel.

INVESTIGATION: Initial investigation of a gas-related incident often determines the outcome of subsequent litigation. AGLS counsel are prepared to assist in investigations, advise Members regarding the preservation of key evidence and suggest appropriate expert witnesses.

DEFEATING PLAINTIFFS' EXPERTS: AGLS counsel have amassed over 1,000 deposition transcripts of the leading experts in gas-related litigation. These transcripts are stored in a computerized AGLS Litigation Database accessible only by AGLS counsel and their clients. Having deposed these leading national experts on numerous occasions, AGLS counsel have the unique ability to (1) successfully utilize prior testimony against a plaintiff's expert and (2) ensure consistent, truthful and believable testimony from defense experts in the context of their prior testimony in similar cases.

DAUBERT MOTIONS: Since 1996, AGLS counsel have drafted numerous Daubert evidentiary motions in state and federal courts, challenging the scientific adequacy of plaintiffs' expert testimony. When successful, these motions substantially undermine a plaintiff's case and increase the potential for an advantageous settlement or verdict. Generally, AGLS counsel can prepare such complex evidentiary motions more expeditiously and cost-effectively than local counsel. The motions and memoranda of law are stored in the AGLS Litigation Database at the conclusion of the case and are shared among AGLS counsel. Even when Daubert motions do not succeed, they can undermine plaintiff's evidence and serve to educate the Court.

How the AGLS Program Works
When a Member is engaged in or threatened by a gas-related claim or suit, the following protocol should be followed to utilize this service:
Contact AEGIS. The purpose of this contact is to evaluate the propriety of AGLS involvement and to select an AGLS attorney to provide an initial free consultation. The appropriate individual to contact is:

After contact, a teleconference will be scheduled between the Member, local defense counsel and AGLS counsel, with AEGIS participation. THIS CONFERENCE IS FREE TO THE MEMBER, WHETHER OR NOT AGLS COUNSEL IS ULTIMATELY RETAINED. The purpose of the initial conference is to discuss the status, direction and strategy of the case and to reach a determination of how, if at all, AGLS counsel may be effectively utilized to reduce ultimate loss exposure.

If the Member decides to utilize the service, the Member and AGLS counsel will enter into an attorney-client relationship. The Member will maintain complete control over all involved attorneys, including AGLS counsel and all expert witnesses, and is free to terminate the AGLS relationship at any time.

Payment of AGLS Defense Costs
As noted previously, the initial consultation with AGLS counsel is free to Members; however, if a Member decides to utilize the service, the Member will be responsible for paying subsequent defense costs of AGLS counsel.

It is important to note that AGLS costs are applied against a Member’s Self-Insured Retention (SIR) and are fully reimbursable from AEGIS once the retention is exhausted. It has been our experience that association of specialized counsel results in a strengthened defense, and increases the likelihood of an advantageous result, whether by settlement, mediation, summary dismissal, pre-trial motion practice or jury verdict.

The AGLS Litigation Team
Each member of the AGLS counsel team has at least ten years experience defending gas-related litigation. By retaining one AGLS attorney, the Member effectively engages all AGLS counsel and the AGLS Litigation Database at no additional cost. This Database is a useful resource for assisting in the defense of propane, liquefied natural gas and natural gas litigation. AGLS counsel are well known to many of the Members and their local counsel from prior involvement in gas-related litigation.

AGLS Panel Counsel