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.

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.

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.

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.

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 – 3:05 PM – 4:05 PM (EST)

Anna M. Perry, Saxe Doernberger & Vita, P.C.
Jack Richards, Price Forbes
Matthew Daly, HUB International (Moderator)
Paul Weckerly, Professional Warranty Service Corporation
Peter Wallace, Castel Latent Defects Insurance

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.