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Jeffrey J. Vita recently presented at the RiskProNet Construction Practice Group Annual Meeting on the topic of the priority of insurance coverage in construction losses, in Chicago, IL. This seminar focused on the concepts of horizontal and vertical exhaustion while explaining the significance of the order in which primary and excess policies will respond to claims. The presentation addressed the various exhaustion theories being applied by the courts and examined how and why the courts have applied each theory. It further provided insight into how insurance policy language and the subcontract language can affect these theories, in order to inform contractors how to better protect themselves. In addition he discussed professional liability exposure for contractors and the coverages available to insure this risk.
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