Events

Horizontal vs. Vertical Exhaustion of Insurance: Priority of Coverage and Settlement for Below Policy Limits

Tuesday, June 30, 2026 – 1:00 PM  – 2:30 PM EST

Anna M. Perry, Saxe Doernberger & Vita, P.C.
Scott M. Seaman, Hinshaw & Culbertson LLP

Insurance counsel face challenging issues in accessing excess coverage when multiple policies, issued to a single insured, provide coverage to a single claim.

Sometimes issues arise when a loss extends over several years and several sequential policies. In this case, questions may arise as to whether the primary coverage exhausts horizontally or vertically: in other words, whether the insured has to exhaust one primary policy or all primary policies before excess coverage becomes available.

Sometimes issues arise when the insured settles a claim with its primary carrier for less than the policy limits. Tapping the excess policies in these situations requires close attention to the policies’ language and the rapidly evolving law in this area.

Resolving these insurance coverage disputes hinges on understanding the policy language, the contracts between the parties, and the relationship between the primary and excess insurers who may be called on to respond to the loss.

Listen as our authoritative panel of insurance attorneys discusses vertical and horizontal insurance coverage principles, triggering excess policies, and resolving issues with the excess carrier when the primary carrier settles for less than the policy limits.

Finding and Pursuing Insurance Coverage for Long-Tail Claims

Wednesday, June 10, 2026 – 12:00 PM  – 1:00 PM EST

Eve-Lynn Gisonni, Saxe Doernberger & Vita, P.C.
Nicholas Sochurek, KCIC Consulting

Corporations, small businesses, educational institutions, and religious organizations continue to face legal liabilities stemming from decades-old operations and conduct. PFAS, talc, abuse & molestation, asbestos, and environmental cleanup claims can pose existential challenges, but insurance purchased decades ago may help defray the costs of defending such cases – if it can be found! Panelists will discuss tips and strategies for locating evidence of such insurance, understanding its value, working with insureds and insurers to maximize recovery, and how failure to uncover such coverage can cause adverse financial consequences to organizations. Panelists will also address issues of standing and the impact of proposed changes to statutes of repose for abuse claims in Massachusetts and beyond.

Nuts and Bolts: Overview of Insurance in Construction Disputes

Thursday, June 4, 2026 – 1:00 PM EST

Will S. Bennett, Saxe Doernberger & Vita, P.C.

In this session, Will Bennett will provide a survey of the role of insurance in construction dispute resolution. From course of construction through expiration of the statue of repose, the presentation will review when multiple lines of coverage are triggered at the same time for overlapping risk.

All roads lead to … Why is London uniquely central to the resolution of insurance and reinsurance disputes? – some international perspectives

Wednesday, June 03, 2026 – 11:30 – 13:00

Jeremiah M. Welch, Managing Partner, Saxe Doernberger & Vita, P.C.
Gavin Kealey KC, Barrister, 7 King’s Bench Walk
Javier Wesolowski, Partner, Wesolowski Abogados
Chris Wilkes, Partner, Fenchurch Law

This session will bring together an international group of speakers to explore the factors that make London uniquely central to the resolution of insurance and reinsurance disputes involving international parties, with perspectives from multiple jurisdictions.

Claims in Crisis: How to Stay Covered When Chaos Hits

Monday, June 1, 2026 – 2:30 PM – 3:45 PM (MST)

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

When a major claim hits, whether it’s a jobsite injury, property damage, or litigation, the clock starts ticking. This session will walk through how to build a proactive claims readiness plan, including documentation, internal protocols, and legal coordination. Learn how to respond quickly, preserve coverage, and avoid costly missteps.

Builder's Risk Claims: Legal Strategies from First Notice to Final Resolution

Wednesday, May 20, 2026 – 1:00 PM EST

Jeffrey J. Vita, Saxe Doernberger & Vita, P.C.
Ben Woodley, Delta Consulting Group
Drew Olson, Delta Consulting Group
Stephanie Nielson, Layton Construction

This session examines Builder’s Risk Claims: Legal Strategies from First Notice to Final Resolution, offering counsel a practical framework for managing complex construction phase losses.

Participants will explore how early legal engagement, coordinated schedule, quantum analysis, and disciplined policy interpretation can clarify causation, mitigate disputes involving delay, scope, and contractor-controlled conditions, and strengthen the pathway to defensible recovery.

The presentation highlights strategic approaches that position claims for efficient resolution while ensuring readiness for arbitration or litigation when necessary.

Snowballing Claims: How Little Problems Become Big Ethical Headaches

Friday, May 15, 2026 – 11:00 AM – 12:00 PM PST

Cheryl L. Kozdrey, Saxe Doernberger & Vita, P.C.
Cameron Kalunian, Lewis Brisbois LLP
Cynthia Garcia, Bernards

This course will provide a comprehensive examination of the complex and evolving challenges that contribute to slow-developing construction defect claims and impede efficient resolution. Presented by a panel of coverage counsel, construction defense counsel, and a chief risk officer from a leading California ENR-ranked general contractor, the session will provide practical solutions for mitigating risk and damages while navigating contractual, statutory, and ethical obligations. Attendees will gain insight into duties to cure, obligations to preserve property and evidence, and chain of custody concerns, as well as mechanics lien considerations, implications of voluntary payment conditions in liability policies and the need to preserve subrogation rights. The discussion will address practical strategies for allowing timely inspection or impacted construction work by all interested parties and insurers, and the importance of prompt and thorough reporting to insurers, liable parties, and stakeholders. Additionally, the course will analyze how mixed claims involving multiple policies or coverage types impact resolution efforts and create delays, and how these delays intersect with ethical duties to clients, insurers, and other parties.

A central theme of the program will be the ethical requirements and considerations inherent in balancing competing obligations—such as safeguarding rights, complying with policy conditions, and managing stakeholder expectations—while striving for efficient and fair resolution. The panel will also review dispute resolution options and requirements, highlighting how ethical principles guide decision-making in complex, multi-party scenarios. Through real-world examples and interactive discussion, participants will leave with practical tools for addressing these dilemmas in a manner consistent with professional responsibility standards.

How LDI can save construction companies significant time and money when managing post-completion defects.

Wednesday, April 29, 2026 – 10:00 AM EST

Anna M. Perry, Saxe Doernberger & Vita, P.C.
Jack Richards, Price Forbes
Petter Wallace, Ryan Specialty Underwriting Managers

This session will explore how LDI is transforming the way construction companies manage post-completion defects. Unlike traditional insurance, which often requires proof of fault or liability, LDI provides a first-party solution that delivers direct financial support without the need for lengthy legal disputes. The panel will examine how LDI fills a critical gap in the U.S. construction insurance market by helping clients save significant time and cost when addressing structural defects.

Key topics will include what challenges LDI solves, how it works in practice, how it complements existing coverages, and insights into pricing, market development, and real-world application.

Mastering Builders Risk Insurance from Policy Setup to Claim Resolution

Thursday, March 19, 2026 – 1:15 PM – 3:15 PM (EST)

Michael V. Pepe, Saxe Doernberger & Vita, P.C.
Dina Senerchia, Ankura
Jon Perry, Ankura
Phil Wilusz, WithCoverage

This course delves into the essential elements of establishing a builder’s risk program tailored for owners, developers, general contractors, and subcontractors. Participants will gain a comprehensive understanding of the contractual foundations required from the project’s inception and the necessary coverages. The course will address issues such as faulty workmanship and professional liability. Through the examination of past project experiences, attendees will learn how to identify crucial items and values to consider in their policies. Additionally, the course will provide guidance on managing claims effectively in the event of a loss.

Attendees will acquire practical knowledge to aid in preparing for builder’s risk renewal and handling claims.

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.