Events

Measure Once, Cuss Twice: Navigating Insurance Coverage for Construction Defect Claims

Friday, March 6 – 10:05AM -11:05AM

Kelly A. Johnson, Saxe Doernberger & Vita, P.C.
Lauren Kerr, Cogburn Legal

Through a chronological overview of a sample construction defect matter in Florida, this presentation will discuss important coverage concerns at each stage in the 558 process and through suit. Kelly and Lauren will discuss tendering the claim to carriers, triggers for coverage to insureds and additional insureds, and the difference between an insurer’s duty to defend vs. indemnify. Additionally, the presentation will include direction for plaintiffs on successful pleading into coverage and pitfalls to avoid. Kelly and Lauren both represent insureds in pursuing coverage from carriers.

Building a Better Mousetrap: Lessons in ADR from a Complex Construction Case Study

Thursday, Feb. 5 – 12:25 PM – 1:55 PM (PST)

Will Bennett, Saxe Doernberger & Vita, P.C.
Brenda Radmacher, Seyfarth Shaw
Thanh Do, Berkeley Research Group

Division Lunch Session

Division 1 (Litigation & Dispute Resolution) and Division 5 (General Contractors) Divisions 1 and 5 present a dynamic case study on resolving a complex construction dispute through mediation and arbitration. The program highlights recurring challenges such as design vs. construction liability, unforeseen site conditions, uneven party preparation, insurance coverage issues, and the role of experts. Panelists will share practical strategies for navigating these pressure points and improving outcomes. Attendees will leave with a clearer understanding of how to manage ADR processes more effectively.

Quakes and Aftershocks: The Impact of US Litigation and Claims Practices on the Global Insurance Community

Tuesday, Jan. 27 – 10:00 AM – 11:00 AM; repeat session 4:30 PM – 5:30 PM (EST)

Jeremiah M. Welch, Saxe Doernberger & Vita, P.C.
Amjad Khadhair, PCL Constructors, Inc.
Joanna Grant, Fenchurch Law
Naresh Dade, Howden Insurance Brokers, Ltd.

The 2023-2024 US LEG 3 decisions sent a shock through the builder’s risk marketplace. Many insurers are still struggling with how to define their position going forward. This session brings together an international panel comprised of coverage lawyers from the U.S. and U.K., a global insurance claim leader from Singapore and a Canadian general contractor. The panel will discuss how the US legal and claims landscape made these decisions predictable and inevitable. We’ll look at how the decisions have impacted the global marketplace and how that effect rebounds back in the US. Most importantly, the panel will examine what lessons can be learned, both abroad and domestically, to inform better underwriting and better claims resolution.

Unlocking Project Certainty: The Business Case for Latent Defect (IDI) Insurance in U.S. Construction

Tuesday, Jan. 27 – 11:25 AM – 12:25 PM (EST)

Anna M. Perry, Saxe Doernberger & Vita, P.C.
Jack Richards, Price Forbes
Matthew Daly, HUB International

Latent Defect (Inherent Defect) Insurance (IDI) is gaining traction among U.S. developers, underwriters and owners seeking project completion certainty and post-completion “no-fault” protection. This session unpacks the rationale, mechanics and claims experience of IDI programs, contrasting them with traditional builders risk and professional liability products. Drawing on recent high-end residential and commercial builds – including case studies – insurance brokers, attorneys and carriers will analyze evolving legal and contractual risks, owner/developer motivations, underwriter appetite and practical concerns in implementation. Attendees will leave with an actionable understanding of how, why, and when IDI fills gaps in the U.S. coverage spectrum.

Insurance Issues in Constructing Data Centers: A GC's Perspective

Tuesday, Jan. 27 – 3:05 PM – 4:05 PM (EST)

Tracy Alan Saxe, Saxe Doernberger & Vita, P.C. (Moderator)
Alicia Pavelko, Zurich North America
Amy Iannone, DPR Construction
Regina Adler, Aon
Ted Wickenhauser, McCarthy Holdings, Inc.

Data centers are mission-critical, high-stakes projects where schedule certainty and risk management are paramount. For those with an interest in the project, they present unique challenges: a significant aggregation of values at risk, including the work, equipment and servers; capacity constraints within the insurance industry, workforce and specialized craft shortages; phase turnover; and the consequences for delay.

This session will walk through the key areas to navigate, including builder’s risk, property insurance, SDI, CIPs (both ongoing operations / completed operations), capacity constraints, and subrogation. We will highlight products being developed by brokers and carriers to support the growth in this business sector, as well as some of the potential coverage challenges to be aware of. The program will provide practical strategies for aligning contracts with insurance.

A Survey of Recent Construction Coverage Decisions

Wednesday, Jan. 28, 8:00 AM – 9:00 AM (EST)

Jeffrey J. Vita, Saxe Doernberger & Vita, P.C.
Donald Naber, Gilbane Building Company

Insurance plays a critical role in construction-related risk transfer and this program will identify and analyze recent insurance coverage decisions which impact construction risk. Understanding how courts interpret and evaluate various lines of coverage available to contractors will help general contractors and construction managers keep pace with the latest insurance trends. Relatedly, this knowledge will arm contractors with the information necessary to better protect their assets through contract drafting as well as insurance placement. Finally, contractors will be educated about how choice of law impacts insurance outcomes.

The panel will discuss recent coverage decisions and how they impact general contractors on their day-to-day projects. The panel will provide guidance and strategies to avoid potential insurance coverage gaps in order to better predict insurance coverage outcomes.

From Defects to Dollars: Measuring Damages in Construction Defect Cases

Wednesday, Jan, 28 – 10:45 AM – 11:45 AM (EST)

Bethany L. Barrese, Saxe Doernberger & Vita, P.C.
Gregory D. Podolak, Saxe Doernberger & Vita, P.C.
David Ehrlich, Coastal Construction
Brett Henson, Carlton Fields

Construction defect litigation often hinges not just on liability, but on the complex and often contentious question of damages. This panel will explore the legal, practical, and insurance-related challenges in quantifying damages in construction defect cases. Topics will include a discussion of the proper timing to measure construction defect damages, varying law across jurisdictions regarding the calculation and awarding of pre-judgment interest, and whether and when an award of pre-judgment interest constitutes an insurable risk.

IRMI Bootcamp: Contractual Risk Transfer and Insurance Coverage Class

Nov. 17 – 10:15 AM – 11:30 AM EST

Tracy Alan Saxe, Saxe Doernberger & Vita, P.C.
Theresa A. Guertin, Saxe Doernberger & Vita, P.C.

FOR THOSE NEW TO THE CONSTRUCTION OR INSURANCE INDUSTRIES (LESS THAN 3 YEARS EXPERIENCE).Designed for those with 3 years or less of construction risk management experience, this program offers a unique opportunity to learn from experienced construction risk professionals and develop relationships with leaders in the industry, as well as your peers. You will spend 3 days immersed in learning fundamental concepts in construction operations, risk assessment, contractual risk transfer, safety, construction insurance, and claims. In this interactive curriculum, a team of experienced construction risk management professionals will share their knowledge and provide guidance as you apply what you are learning to real-world exercises and case studies

Shared Risk, Shared Reward: Successful Risk Management for Construction Joint Ventures

Nov. 17, 2025 – 1:00 PM – 2:00, session repeat 4:00 PM – 5:00 PM EST

Will Bennett, Saxe Doernberger & Vita, P.C.
Emily Glanz, Cottingham & Butler
Kevin McKeon, Wagman

Joint Ventures are mysterious for contractors and designers who haven’t undertaken them. We will de-mystify Joint Ventures and the insurance risks associated with them, by orienting the audience to common JV jargon, structures, and key issues. We will then review unique considerations that go into managing risk for JVs, focusing on insurance and contract elements that are unique to JV pursuits. Finally, we will work through one or more interactive claim examples that illustrate the importance of addressing the issues discussed during the first two sections of the session.

Fires, Storms and Coverage Forms

Nov. 18 – 1:30 PM – 2:30 PM EST

Cheryl L. Kozdrey, Saxe Doernberger & Vita, P.C.
Matthew Tahbaz, Marsh McLennan
Rhonda Mosley, Lennar

This session will focus on construction risk management in light of trending property claims and natural disaster risks. It will include discussion surrounding the types of damages, coverage disputes, valuation issues, and claims management strategies general contractors and owners can employ to protect their bottom line and financial stability.

SNAP TALK: Quick Tips for Maximizing Additional Insured Coverage

Nov. 18 – 1:50 PM – 2:05 PM EST

Jeffrey J. Vita, Saxe Doernberger & Vita, P.C.

Often, opportunities to transfer risk via additional insured coverage are lost due to lack of pursuit or lack of understanding the law. For those entities entering contracts requiring the other party to provide additional insured(AI) coverage, that is the first place to look when a claim comes in. Otherwise, upstream parties are forced to utilize their corporate liability program to defend the claim. This unnecessarily results in additional loss history on the corporate program which will cause premiums to increase at renewal. Taking a few moments to understand certain basic tips will prevent parties from leaving money on the table.

Mastering Wrap-Up Placements for Large Projects

Nov. 19 – 8:30 AM – 9:30 AM EST

Theresa A. Guertin, Saxe Doernberger & Vita, P.C.
Soledad Torres, MWH Constructors

Large-scale construction projects present significant challenges with regards to ensuring proper insurance coverages. For example, aligning the start and end dates of completed operations coverage through multiple excess layers and ensuring policies align with intent for reinstatement of limits are two issues that require attention from the project sponsor and their advisors.  This session will address strategies for structuring, negotiating, and managing insurance for large construction projects to mitigate risk and drive successful outcomes.  We will examine the benefits and potential risks of wrap-ups on projects of this scope and provide clarity on the best use cases for both owner and contractor controlled wrap-ups. Common pitfalls, legal and regulatory requirements, and partner selection will also be addressed.

Reviewing Insurance, Negotiating With the Insurance Adjuster and Demand Packages

Nov. 11, 2025 – 3:00 PM – 3:30 PM (EST)

K. Alexandra O’Neill, Saxe Doernberger & Vita, P.C.
Rachel S. Pearson, Saxe Doernberger & Vita, P.C.

• Obtaining Insurance Information and Finding Coverage
• Collateral Source Rule
• Determining Priority and Negotiating the Value
• Demand Packages
• Tips for Negotiating with the Adjuster
• Settlement and Releases

Ethics

Nov. 11, 2025 – 3:30 PM – 4:30 PM (EST)

Tracy Alan Saxe, Saxe Doernberger & Vita, P.C.

• Avoiding Conflicts of Interest
• Attorney Fees
• Obligations to Clients
• Upholding Client Confidentiality
• Rules of Professional Conduct

Property Loss and Business Interruption Claims Arising out of Catastrophes

Nov. 7, 2025 – 8:45 AM – 9:45 AM (EST)

Theresa A. Guertin, Saxe Doernberger & Vita, P.C.
Stephen E. Goldman, Robinson & Cole LLP
Stephen Pate, Cozen O’Connor (Moderator)

This panel will review the basic property loss and business interruption coverages, review how they have been applied in past catastrophes, and discuss how these coverages and the legal precedent they have spawned could become the subject of coverage disputes in the event of a cyber catastrophe.

What a Disaster!: Ethical Obligations of Attorneys in the Wake of Natural Disasters, Cyber Threats, and Other Perils

Nov. 7, 2025 – 2:25 PM – 3:35 PM (EST)

Tracy Alan Saxe, Saxe Doernberger & Vita, P.C. (Moderator)
John Bonnie, Weinberg Wheeler Hudgins Gunn & Dial
Sherilyn Pastor, McCarter & English

Lawyers are important providers of legal services when natural disasters and other perils wreak havoc on the lives of individuals and their communities.  But lawyers can just as easily be harmed by the same unfortunate events. This panel will examine the lawyer as victim of a disaster event, facing not just the expected personal challenges and consequences, but also having to meet ongoing ethical obligations to clients, the courts and the profession. We will discuss the Model Rules of Professional Conduct applicable even in the worst of times, and survey the case law involving lawyer conduct in the wake of disaster-level events that resulted in disciplinary actions by ethics regulators.

US Liability Update – Is PFAS the Next Asbestos?

November 6, 2025 – 4:00 PM (GMT – London)
Jeremiah M. Welch and Will S. Bennett, Saxe Doernberger & Vita, P.C.

Jeremiah Welch and Will Bennett will review the state of US legislation and litigation around “forever chemicals”.  They will discuss similarities and differences between PFAS liability and earlier “toxic tort” crazes in the US and offer their predictions on how the PFAS trend evolves. They will also seek to forecast the impact PFAS claims in the US will have in the UK and Europe.

Special Insights on the US LEG3: Archer Western Case

November, 5, 2025 – 1:00 PM (GMT – London)

Jeremiah M. Welch and Will S. Bennett, Saxe Doernberger & Vita, P.C.

Jeremiah and Will will explore the recent Archer Western v. ACE American Insurance Co. decision and its implications for LEG3 coverage interpretation under U.S. law. They will analyse how the court’s reasoning, influenced by SCB, redefines “physical damage,” clarifies ambiguity surrounding “improvement” in LEG3 provisions, and contrasts U.S. and U.K. treatment of manufacturing and contamination claims. The session will offer essential takeaways for insurers, brokers, and construction professionals engaging with cross-jurisdictional coverage disputes.

Special insights on the US LEG3: Archer Western case

November 3, 2025 – 2:00 PM (CET – Copenhagen)
Jeremiah M. Welch and Will S. Bennett, Saxe Doernberger & Vita, P.C.

This session explores the recent Archer Western v. ACE American Insurance Co. decision and its implications for LEG3 coverage interpretation under U.S. law. Jeremiah Welch and Will Bennett will examine how the court’s reasoning, influenced by SCB, redefines “physical damage,” clarifies the ambiguity surrounding “improvement” in LEG3 provisions, and contrasts U.S. and U.K. treatment of manufacturing and contamination claims. The discussion will highlight key takeaways for insurers, brokers, and construction professionals navigating cross jurisdictional coverage disputes.

Risk Transfer Strategies in Contract Drafting and Negotiation

Oct. 28 – 1:50 PM – 2:40 PM (EST)

Bethany L. Barrese, Saxe Doernberger & Vita, P.C.
Derrick G. Mullen, Seneca Insurance Company
Michelle K. Krone, Kubicki Draper

This presentation provides a comprehensive guide to risk transfer strategies in contract drafting and negotiation, with a focus on construction and commercial agreements. It is designed to help legal professionals, contract managers, and business leaders understand how to allocate and manage risk through effective contract provisions.

Contractual Risk Transfer: Risks and Rewards

October 14 – 10:00 AM – 11:00 AM (PST)

Bethany L. Barrese, Saxe Doernberger & Vita, P.C.
Benjamin Evans, University of Pennsylvania
David Parker, Pina Community College

Understanding the scope and limitations of contractual indemnity and additional insured coverage is critical to effective risk management for higher education institutions, but the legal landscape surrounding these risk transfer mechanisms has become increasingly complex. The latest developments in anti-indemnity statutes and the interpretation of additional insured endorsements will be discussed with the ultimate goal of providing risk managers with a toolkit on how to address and overcome common risk transfer challenges. Real-world claim examples will be provided to illustrate the importance of getting contractual language correct and the proper insurance coverage placed to avoid complicated multi-party claims (and headaches!).

Fires, Storms, & Property Coverage Forms: Trending Claim & Coverage Issues

October 15 – 9:15AM – 9:45 AM (PST)

Cheryl L. Kozdrey, Saxe Doernberger & Vita, P.C.
Frank Russo, Imperium Consulting Group
Casey Grover, The Hartford (Moderator)

This presentation will explore emerging trends and coverage disputes in property and natural disaster claims, highlighting critical issues for university risk management. Key topics include the distinction between physical and non-physical damage, valuation disputes (replacement cost vs. actual cash value), and coverage for concurrent causation. The session will address challenges such as the impact of catastrophic events, mold and water intrusion claims, and subrogation hurdles. Attendees will gain insights into policy complexities, real-world examples, and strategies for navigating risk management, ensuring effective coverage for university properties in the face of evolving legal and environmental challenges.

Joint Ventures

Sept. 19, 2025 – 8:00 AM – 9:30 AM (EST)

Anna M. Perry, Saxe Doernberger & Vita, P.C.

Anna will discuss the pros and cons for each option for insuring JVs and techniques for determining risk transfer between the partners and the JV.