Events

Thwarting Construction Cyber Attacks

On January 26, 2023, SDV’s Eve-Lynn Gisonni will co-present to an audience at Associated Builders and Contractors of Connecticut (ABC CT) about significant insurance coverage issues associated with thwarting cyberattacks in the construction industry. The ABC Connecticut Smart Start Breakfast Workshop is titled, “Thwarting Construction Cyber Attacks.” It will provide an overview of the current cyber risks facing the construction industry and the insurance coverage available to companies for cyberattacks. The presentation will be followed by an open Q & A session for attendees.

Annual Best Practices Series

Saxe Doernberger & Vita, P.C. is a proud sponsor of Lawyers Collaborative for Diversity’s upcoming Annual Best Practices Series Event on Thursday, January 26 from 5:30 PM – 7:30 PM EST. This event will feature a moderated panel discussion titled, “Creating and Maintaining a Diverse Legal Environment”. Theresa Guertin sits on the Executive Committee of LCD, whose goal is to make Connecticut and Western Massachusetts a prime location for attorneys of color to practice law and gain access to an abundance of satisfying professional opportunities.

This event is an opportunity for attendees to learn about creating and maintaining a diverse legal environment with the Lawyers Collaborative for Diversity (LCD). It will feature a moderated panel discussion and will be held in-person at the offices of Holland & Knight.

Scope of Coverage, Covered Losses, Exclusions, AI Endorsements

Mitigating Construction-Related Disputes; Key Challenges for Claims Under Builders Risk vs. CGL Coverage

Michael V. Pepe, SDV
Patrick J. Wielinski, Cokinos | Young
Christopher Yetka, Larkin Hoffman Daly & Lindgren
January 10, 2023, 1:00pm-2:30pm EST

This CLE course will provide counsel for construction contractors and developers with an analysis of evolving coverage issues in builder’s risk and CGL insurance for construction projects. The panel will discuss how these policies work to mitigate developer and contractor risks, the use of additional insured endorsements, problematic coverage issues, and potential pitfalls for the unwary.

Description
Construction projects are always at risk for economic losses from unanticipated property damage, additional soft costs, and revenue loss that result in unbudgeted costs that can threaten project completion. Builders risk coverage is a crucial risk mitigation measure for building contractors and developers, as is adequate liability coverage through CGL policies and wrap ups.

Counsel to builders and developers must consider are who is covered, what property is covered, what limits and sublimits apply, and when/how coverage applies. Because builders risk policies are not standardized, coverage varies dramatically between insurers. Coverage disputes often arise over the types of costs recoverable, calculation of economic damages, and the coverage exclusions and exceptions.

For liability disputes, CGL coverage must be adequately placed to cover construction risks during the course of construction as well as after. Typical issues include who is covered, the scope of coverage, and exclusions and conditions that apply.

Counsel often must also navigate the interplay between builders risk policies, CGL policies, including wrap policies, and professional liability policies. These issues are influenced by the language of the policies and the parties’ contractual obligations to each other. Attention to the details is necessary to ensure coverage is triggered when necessary.

Listen as our authoritative panel guides you through the characteristics of builders risk and CGL insurance policies and how these policies are used to mitigate developer and contractor risks.

Outline

I.Builders risk policies
A. Contractual requirements
B. Scope of coverage
C. Troublesome exclusions and conditions
D. Common issues and practice pointers
II. CGL policies
A. Scope of coverage
B. Exclusions and exceptions to exclusions
C. Costs recoverable
III. Wrap policies
IV. Additional insured endorsements

Benefits
The panel will review these and other key issues:

• What are the critical challenges for claims under builders risk vs. CGL policies?
• What does a typical builders risk policy cover?
• What are the standard exclusions and exceptions in builders risk policies?
• What occurrences do most CGL policies cover?
• What are the standard exclusions and exceptions in CGL policies?
• Can a general contractor or developer rely upon additional insured coverage to cover its risk exposure?

Litigation of Additional Insured Claims in the Construction Industry

This course will provide counsel for construction companies with guidance on the use of indemnity and insurance provisions in contracts and their role in transferring risk from upstream to downstream parties. The speaker will discuss how and when to make a claim for additional insured coverage and pitfalls that may be encountered along the way, including issues regarding causation, extrinsic evidence, contractual privity, and priority of coverage.

Topics:
1. Risk transfer principles

• Contractual Indemnity
  • Types of Contractual Indemnity Provisions
  • Effect of Anti-Indemnity Statutes
• Additional Insured Coverage
  • Types of contractual insurance provisions
  • Benefits of additional insured coverage

2. Tendering a claim for additional insured coverage

• Where to direct the tender
• What tender should include

3. Common risk transfer pitfalls

• Causation triggers
  • Evolution of causation triggers over time
  • Interpretation of “caused, in whole or in part, by” causation trigger
• Extrinsic evidence
  • Whether extrinsic evidence can be used to establish duty to defend
• Contractual privity
  • Privity language in ISO and manuscript forms
  • Court interpretations of privity language
• Priority of coverage
  • Vertical exhaustion vs. horizontal exhaustion
  • The “follow form” excess misnomer

NJSBA Hot Topics in Construction Law 2022

Join us for an important discussion involving:

• What constitutes proper notice in construction disputes in New Jersey
• An analysis of the recent Supreme Court decision of Crystal Point v. Kinsale Ins. Co. that allowed a condominium association to pursue the insurers of insolvent engineering and inspection firms for judgments entered against these defendants and also a discussion of the application of the Direct Action Statute, N.J.S.A. 17:28-2 to construction defect cases
• The Legislature’s recent codification of Fort Lee Condo Ass’n, Inc. v. 100 Old Palisades, LLC, concerning the statute of limitations for common interest communities to assert construction defect and design defect claims (N.J.S.A. 2A:14-1(c)) and the ramifications of this new legislation
• Analysis of recent caselaw involving the Prompt Payment Act, N.J.S.A. 2A:30A-1
• Does Atalese v. U.S. Legal Servs. Grp. LP apply to commercial contracts between two businesses
• The impact of technology on the lien law

NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 3.0 hours of total CLE credit.

An Introduction to Insurance Law Through a Construction Lens

You Will Learn

• Types of insurance coverage typically afforded under General Liability Insurance policies and Errors & Omissions policies with respect to construction projects
• Issues of Risk Transfer and Indemnification
• Key policy exclusions implicated in construction-related coverage disputes
• The Role of Insurance to Design Professionals in Construction Projects

Runaway Jury Verdicts

Michael V. Pepe, SDV
Michael Coffey, Esq., Coffey Modica O’Meara Capowski LLP
Dec. 6, 3:00 PM – 3:50 PM EST

ExecuSummit producers are in the forefront of construction defect claims and litigation strategies, monitoring & researching emerging issues and trends and bringing this strategic intelligence to you as it is developing.

Our distinguished presenters have pooled their expertise to provide you with the essential construction defect claims and litigation strategies intelligence you need to know.

Register Today! The 5th Annual Construction Defect, Claims & Litigation Strategies Executive Summit will provoke strategic thinking, give you new insight, open new channels of information & provide you with opportunities to meet & exchange ideas with your peers, key industry executives & leaders.

IRMI Boot Camp

Nov. 14th – 16th – 3 Day Program

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. *To ensure beneficial diversity in the group, a maximum of two enrollees per company applies to this program.

Managing Complex Builders Risk Claims

Jeffrey J. Vita, Saxe Doernberger & Vita, P.C.
W. Wade Ledbetter, Assistant VP, The Travelers Companies
Donald Naber, Executive VP of Safety, Risk, and Insurance, Gilbane Building Company
Joseph Stella, Managing Director, Imperium Consulting Group
Nov. 14th – 1:30 PM – 2:30 PM PT

Builders risk claims for damage to the project under construction can be very complex. The causation, scope, and timing of damages must be assessed. The relevant trade contracts and the party controlling the claim can also impact claim processing and the ultimate recovery for the claim. This session will identify the pitfalls and recommended strategies for assembling the proper claim team in order to successfully navigate the claims process.

Dissecting the CGL Exclusions for Damage to the Project

Gregory D. Podolak, Saxe Doernberger & Vita, P.C.
Jeffrey D. Masters, Cox, Castle & Nicholson LLP
Nov. 15th – 10:15AM – 11:15AM

This session will address the intricacies of standard CGL Exclusions J (damage to property), L (property damage to your work), and M (damage to impaired property or property not physically injured). It will involve discussion of these issues from the owner’s, contractor’s, and insurer’s perspectives and a review of recent and important case decisions from around the country.

Trading in Risk: Navigating Increased Professional Exposures in the Trades

Michael V. Pepe, Saxe Doernberger & Vita, P.C.
Joseph Reynolds, Assistant VP, RT New Day
Ed Sheiffele, Sr VP, Berkley Construction Professional
Nov. 16th – 8:30 AM – 8:30 AM PT

With design-build construction increasing every year, design responsibility becomes more fragmented, leading to trade contractors performing and delegating more design work. This panel discussion will guide trade contractors through the potential exposures of self-performing and delegating professional services and guide general contractors through ensuring their subcontractors appropriately address their design risk. You will learn about the exposures, coverage available, and best practices for contracting, and claims reporting and handling.

Builder Risk

Course Objectives:

• Review of Current Risk and Insurance Trends in CRE
• Optimizing Builder’s Risk Outcomes
• Enhancing the Relationship Between Property Managers and Risk Managers

Insurance Coverage

This meeting will provide CLE on a broad range of insurance coverage topics for risk managers, coverage attorneys, insurance industry professionals, and outside counsel.

Who's Coverage Is It Anyway?

Tracy Alan Saxe, Esq., President, Saxe Doernberger & Vita, P.C.
Kristen Drake, Managing Director, PolicyFind
Elizabeth Hanke, Senior Managing Director, KCIC
Dan M. Schiavetta, Jr., Esq., Russo & Gould LLP

• Identification of entities and appliable coverage
• Who is an insured under the policy? Definition of insured, additional insured and jointly administered or “contract” programs
• Who’s most liable between the insureds? Valuation of claims and liability share for each named insured
• What if one defendant found insurance and one did not? Joint and several liabilities; of the underlying claim between defendants and of the insurance claim between policyholders and carriers.
• Direct action states; when can a survivor go directly after insurance?
• Allocation of claims between years and coverage; cost-sharing agreements between insureds and insurers?
• What if one insured is in bankruptcy and the other is not?
• Proving policy evidence and terms; how insurance archeology can provide a funding mechanism in latent sexual abuse injury matters

Not My Means and Methods: The History and Future of the Privette Doctrine

Cheryl L. Kozdrey, SDV
Bert Dizon, Gallagher Bassett Services, Inc.
Michael Larin, Lynberg & Watkins
Rodrick Reed, Arch Insurance Group Inc.
September 22, 2022 at 10:45 AM

With the Privette Doctrine, the principle established by the California Supreme Court is the “strong presumption of delegation rooted in the rationale that landowners usually have no right to control an independent contractor’s work, contractors consider the cost of safety precautions and insurance in their contract…” However, California courts have created exceptions to the rule, specifically with the Hooker and Kinsman exceptions. The Hooker exception focuses on the principles of retained control over the contractor’s work; and the Kinsman exception deals with whether the landowner knew or should have known of a concealed hazard on the property and the ramifications of that knowledge if not communicated to the contractors. There have been two recent decisions in the last 6 months regarding the Privette Doctrine and the exceptions to the rule. This presentation looks at the history and recent decisions affecting the Privette doctrine and all of the coverage issues, including additional insured, joint defense agreements, and assignment of counsel.

The Alternative to Alternative Dispute Resolution: Arbitration in Construction Matters and Beyond

Michael Pepe, SDV
Matthew Adler, AXA XL
Michael Coffey, Coffey Modica O’Meara Capowski LLP
David Hess, National Claim Services Inc.
James Mason, ARCCA, Inc.
September 22, 2022 4:00 PM

Unfortunately, many construction projects end in dispute and the parties frequently find themselves in the middle of uncharted territory—arbitration! Join us as we explore the pitfalls, debunk the myths, and discuss the benefits of arbitration in construction disputes.