Events

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.

Blanket Claus Risks, Contractual Privity, Coverage Limits

Description

Owners and contractors on construction projects routinely ask downstream contractors and subcontractors to sign contracts wherein the latter agrees to provide the owners and general contractors with additional insured coverage for accidents or damages resulting from the performance of subcontractors’ work on the project. The purpose of that coverage is to transfer the risk to the entity closest to controlling the risk.

An examination of additional insured cases requires some background regarding the duty to defend standard in the state the claim is being presented. What facts an insured or insurer may rely on to trigger coverage or deny coverage varies from state to state regarding facts that are extrinsic, or outside the complaint against the insured. Understanding what can and can’t be used, and for what purpose, is critical.

One recurring issue is whether there is an obligation to defend an additional insured and what connection must be shown between the subcontractor’s operations or work and the claims against the additional insured. This depends on the language of the endorsement, but recent cases have indicated that coverage may be triggered even where there were no allegations by the injured person against the named insured.

Additionally, extrinsic facts may be necessary, and useable in many states, to confirm “insured” status, such as whether a defendant is an “owner” entitled to coverage, or whether it faces liability relating to the work or operations of a particular subcontractor.

Issues surrounding additional insured coverage are constantly being litigated. Because there is such a wide breadth of case law, practitioners are well-advised that there is an increasingly large body of case law applicable to the nature and scope of additional insured coverage, especially in the construction arena.

Listen as our authoritative panel discusses the current state of additional insured litigation, how the allegations within the complaint (and the facts omitted) may affect a defense obligation, and how proximate cause is determined. The panel will address recent decisions in major jurisdictions that may affect future claims.

Unfair Claims Settlement Practice Act

Bethany L. Barrese, SDV and Valerie A. Vladyka, Schenck, Price, Smith & King
Tuesday, August 30, 2022
10:15 am – 11:15 am.

This year’s Insurance Law Institute will focus on recent developments in bad faith law. With the passage of the New Jersey Insurance Fair Conduct Act, bad faith law in New Jersey continues to evolve. This program is an overview of bad faith law in New Jersey for both new and experienced insurance coverage attorneys. Join experienced insurance coverage practitioners as they discuss bad faith law in New Jersey, the UFCSPA and NJIFCA, as well as settlement and excess verdicts and exposures. The presenters will also discuss new trends and where we are going in New Jersey. Learn the impact of existing case law on the newly enacted NJIFCA and pick up tips that will enable you to counsel your clients and advocate their positions.

The tuition for Section and NJSBA members is $180. The general tuition is $225.

Maximizing Builder's Risk Claim Outcomes in Today's Challenging Climate

Jeffrey J. Vita, SDV, Vincent Zegers, Managing Director at Marsh, Jeff Hellman, Senior Vice President at McLarens, Chad Zielinski, Vice President at Halliwell Engineering Associates
Thursday, July 28th, 2022  9:00 A.M.–10:30 A.M.

The panel of experts will detail strategies that will enable you to successfully navigate a claim within a challenging economic climate, including assembling the right team, mitigating the effects of Supply Chain challenges, and harnessing the full policy terms and conditions.

Construction Insurance Law Update

Bethany L. Barrese
1:40PM

NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.0 hours of total CLE credit. Of these, 1.0 qualify as hours of credit for diversity and inclusion and 1.2 qualify as hours of credit for ethics/professionalism.

What Keeps You Up At Night? Contractual Risk Transfer

Jeremiah M. Welch and Cheryl L. Kozdrey
Thursday, June 16 from 3 PM – 6 PM

Contractual risk transfer is a core responsibility of risk management and often one of the least favorite. The panel of subject matter experts will share their experiences and best practices during this event which will conclude with a hosted networking cocktail reception, and a good night’s sleep.

A Call to Action to Break the Barriers

K. Alexandra O’Neill, SDV, Denise Berger, Director of Strategy/Innovation, AECOM, Deborah Bradley, CEO and Founder, DBC Construction, Alexandra Greene, Executive Deputy Commissioner, Office of General Services, Kristen Gowen, Executive Manager, NECA Boston, Sally Librera, Senior Vice President & North America Transit Leader, AECOM, and Genevieve McJilton, Senior Project Manager, Target Properties – Construction
Friday, June 17, 12:30 PM – 1:30 PM

This panel will examine major issues impacting women. Several leaders will address what women need to understand about how to transform the current and historical dynamic in the construction industry.

Insurance

Will S. Bennett
3:45 PM – 4:45 PM

The Insurance session will cover the following topics:

• General Liability
• Builders’ Risk
• Integrating Coverage with the Contract