Events

Everything a Risk Manager Needs to Know about Risk Transfer and Additional Insured Coverage

Thursday, June 5

Bethany Barrese, Saxe Doernberger & Vita, P.C.

This presentation will include a discussion of the latest developments in anti-indemnity statutes and the interpretation of additional insured endorsements, and will focus on providing solutions to common risk transfer challenges. Attendees will receive guidance for identifying risk transfer issues and ensuring that contractual indemnity and insurance obligations are satisfied.

Common Construction Insurance Policy Gaps

Tuesday, May 20 – 9:00 AM – 10:15 AM EST

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

In the complex world of construction, ensuring comprehensive insurance coverage is crucial yet challenging. This session will dive into the common gaps found in construction insurance policies, the risks they pose, and strategies to address them. Attendees will gain insights into how to better negotiate their insurance policies with their specific needs, ultimately reducing the risk of costly disputes. Through real-world examples and interactive discussions, participants will leave with practical knowledge to enhance their risk management strategies.

Climate-Related Property Insurance Claims

Wednesday, May 7 – 11:00 AM – 12:15 PM EST

Eve-Lynn Gisonni, Saxe Doernberger & Vita, P.C.
Drew Howard, Roux
Josh Weisberg, Sterling Risk
John O’Marra, RT New York
Manda Lefton, New York State Department of Environmental Conservation

The End of the World As We Knew It: What is the Role for Government and Private Industry in How Insurance Markets Respond to Extreme Weather Events and A Changing Climate?

Over the past several years, news stories reveal how weather patterns have changed. Atmospheric rivers bring substantial rain events, higher winds cause more damage, and flooding has become more prevalent as storms intensify. Dry conditions and drought can bring significant fires. Hurricane damage and changing sea levels will likely serve to make the problem more intense in various parts of the state.

The Panel discussion will bring together a diverse group with unique experience, expertise and perspective as the focus on the challenges that are being observed and those that are expected in the future. They will address property exposures, claims, loss control, underwriting considerations and proposed legislative involvement.

Insurance Matters: Risky Business and the Future of ADR

April 25, 2025 – 8:00 PM – 9:00 PM EST

Janeen Thomas, Saxe Doernberger & Vita, P.C.
Terrance Evans, Duane Morris, LLP
Kim Keenan, JAMS
Rebekah Ratliff, JAMS

Join the NBA ADR and Insurance Law Sections for the webinar entitled, “Insurance Matters: Risky Business and the Future of ADR.” This informative conversation is focused on the current cancel climate and implications on potential arising conflicts. ADR (mediation) is fast becoming the forum of choice for dispute resolution and trial is the alternative. Don’t miss this explorative “table-talk” style conversation between NBA professionals who stay in the know about what’s next.

Friday, April 4, 2025 – 8AM – 9AM (PST)

Jeremiah M. Welch, Saxe Doernberger & Vita, P.C.
Chris Ives, Fenchurch Law

In this webinar, Chris Ives of Fenchurch Law and Jeremiah Welch of Saxe Doernberger & Vita, P.C. will be discussing the recent UK Court of Appeal decision in Sky UK Ltd and Mace Ltd vs Riverstone Managing Agency & Others and its commercial consequences within the UK, as well as the potential influence the case may have on the US legal landscape. The Court’s decision covers a number of issues relevant to contractors including:

• The recoverability of development/deterioration damage after the period of insurance
• Investigation/mitigation costs
• What constitutes “damage”
• Potential impact on claims and co-insurance.

If you missed the live airing of this webinar, you can view the recorded version here.

From Challenges to Champions: The Mindset of Future-Focused Insurance Leaders

April 3, 2025 – 12:45 PM – 1:35 PM EST

Janeen Thomas, Saxe Doernberger & Vita, P.C.
Omari Aarons, NAAIA
Thais Moore, Lockton
Terrence Pringle, Aon

Highlighting how modern insurance leaders can transform challenges into opportunities, fostering a culture of innovation and long-term vision.

Identifying, Avoiding, Mitigating, and Insuring Environmental Risk in Construction

Thursday, March 6 – 1:15 PM – 2:15 PM MST

Tracy Alan Saxe, Saxe Doernberger & Vita, P.C. (Moderator)
Rodrigo (Diego) Garcia, Thompson Coe
John J. Heft, RT New Day
Nicole Murry, Markel

As new property development is focused on the inner city, waterfront properties, and other historic industrial sites, routine contracting practices may yield environmental hazards. These exposures are not restricted to environmental contractors; GCs, CMs, trades, and Owners all have exposure. This session will explore and present how these issues can be identified and properly addressed during due diligence, pre-construction, insurance, and contracting mechanisms.

True Excess Policy - Are Policyholders Stuck with Horizontal Exhaustion?

Friday, March 7 – 1:05 PM – 2:20 PM MST

Janie Reilly Eddy, Saxe Doernberger & Vita, P.C.
Douglas M. Kleeman, Phelps Dunbar LLP

This round table will explore the “true excess” argument raised by carriers in horizontal-exhaustion jurisdictions and discuss best practices for achieving primary and noncontributory coverage, despite this argument. The discussion will explore a variety of primary and noncontributory endorsements, and the various issues created for upstream parties. By tying these discussion points to real case examples, attendees will gain a deeper prospective of the various priority of coverage issues impacting excess policies.

Professional Liability Insurance in Construction

Friday, Feb. 21 – 9:45 AM – 10:45 AM PST

Tracy Alan Saxe, Saxe Doernberger & Vita, P.C. (Moderator)
Steve Edwards, RT Specialty
Drew Rothman, RT Specialty

Insurance is vital for protecting businesses from financial losses arising from professional services during construction. Unlike traditional general liability coverage, professional liability insurance covers damages that go beyond bodily injury and property damage and are purely economic in nature, playing a critical role in protecting business assets. Risks include structural flaws, delayed contracts, poor craftsmanship, and failure to meet project deadlines, all of which can lead to costly lawsuits. Coverage for professional services can be defined broadly and provide essential coverage for architects, engineers, construction managers, general contractors, and even subcontractors, regardless of the project delivery method. This insurance is a safety net for claims of catastrophic property damage.

Builders Risk Insurance - Whose Line is it Anyway?

Tuesday, Jan. 28 – 10:00 AM – 11:00 AM – repeat session 4:30 PM – 5:30 PM EST

Jeremiah M. Welch, Saxe Doernberger & Vita, P.C.
Michelle Luster, Swinerton
Russ Johnson, Skanska USA Building Inc.
Tammy Pike, Kiewit

Panel discussion around current best practices and challenges involving the procurement, contractual integration and claim management for builder’s risk insurance.

Measure Once, Cuss Twice: Navigating the Faulty Workmanship Exclusion to Maximize Builders Risk Recovery (CLE Session)

Tuesday, Jan. 28 – 11:25 AM – 12:25 PM EST

Kelly Johnson, Saxe Doernberger & Vita, P.C.
David Rosenof, J.S. Held
Dave Glasser, The Baldwin Group

To fully understand the esoteric words language of a builders risk insurance policy, practical learning through real-life experience is often required. And more often than not, builders risk claims involve some consideration of damages that are excluded by the faulty workmanship exclusion versus those that are covered by the ensuing loss exception. For those reasons, this session is designed to provide industry professionals with a practical learning experience of how the faulty workmanship exclusion and ensuing loss exception in builders risk policies function in real life, with easy to implement tips for organizing, documenting, allocating, and submitting losses to carriers to expedite the claims process and maximize recovery. We will take the audience on a journey through the stages of a project impacted by a builders risk claim involving faulty workmanship issues, analyzing the distinction in coverage between costs incurred to fix the faulty work versus repair the ensuing losses caused by an otherwise covered peril, and highlighting common mistakes made in claim preparation which can delay the coverage decision and reduce the overall recovery, ultimately arriving at practical strategies for navigating the claims process based on the panel’s and audience’s real world experiences.

Not the Usual Suspects: The Other Contract Provisions that Impede Risk Transfer (CLE Session)

Tuesday, Jan. 28 – 11:25 AM – 12:25 PM EST – repeat session 4:30 PM – 5:30 PM EST

Michael V. Pepe, Saxe Doernberger & Vita, P.C.
Amy Iannone, DPR Construction
Jonathan Hausner, J.F. White Contracting Co.
Brian Rice, Railworks

Contract provisions are an important tool in clarifying risk allocation, specifying or limiting remedies and damages, and triggering insurance coverage. Construction lawyers, insurance brokers, and coverage lawyers can usually rely on strong indemnity agreements and insurance provisions to make sure they are effectively transferring risk downstream and toward insurance policies that were purchased to accepted the risk. But what happens when those other provisions in the contract get in the way? A strong contract provision may be effective in avoiding liability, but it creates a costly dispute about insurance coverage. This session will explore the other common provisions found in construction contracts that can impede effective risk transfer, an exploration of carrier responses, and real-life case example so shape a discussion around best practices.

Who Would Win? OCIP v. CCIP - Breaking Down the Real ROI and Building a Better Strategy (CLE Session)

Tuesday, Jan. 28  – 3:05 PM – 4:05PM EST

Gregory Podolak, Saxe Doernberger & Vita, P.C.
Wendy Conway, Greystar
Issy Bustamante, Lockton
Stacy M. Manobianca, Turner Construction

This session will tackle one of the major bugaboos in modern construction insurance, where there are strong, divergent opinions between Owners and Contractors: What’s better, OCIPs or CCIPs? Experienced coverage counsel, insurance brokers, and risk managers will explore the critical considerations involved in orchestrating a successful wrap program and the pros and cons of the two models. The discussion will include identifying key insurance and contract terms, orchestrating and managing a team of professionals to place and administer the program, and navigating essential underwriting and claims considerations. It will also offer real-world examples and perspectives. In the end, we’ll reach a definitive answer – one that might be surprising…

Demystifying Construction Coverage Myths

Tuesday, Jan. 28 – 3:05 PM – 4:05 PM EST

Jeffrey J. Vita, Saxe Doernberger & Vita, P.C.
Jennifer Martin, Alston Construction
Donald Naber, Gilbane Building Company
Regina Adler, Marsh

Often in construction-related losses, participants (including the project team brokers, and counsel) make certain assumptions about risk transfer and insurance, which ultimately inform the overall strategy in a case. These assumptions are based on some common misconceptions that, unfortunately, can detail the successful resolution of a construction claim as well as undermine a robust insurance program. This presentation will identify the most common myths and explain why they represent a misunderstanding of construction risk and insurance, including:

-Course of construction exclusion on a GL program is acceptable
-Repair Work Endorsements provide valuable coverage
-Removing exclusions J, K, L on a Gl program enhances coverage
-Follow form excess coverage always “follows form” to the underlying terms, conditions, and exclusions
-Contractors building no-design/build projects do not need Professional Liability insurance
-For a given construction claim, contractors can access either GL or PL insurance, but not both

Identifying, Avoiding, Mitigating, and Insuring Environmental Risk in Construction

Wednesday, Jan. 29 – 10:50 AM – 11:50 AM EST

Will Bennett, Saxe Doernberger & Vita, P.C.
Frank Russo, Imperium Consulting Group
Alex Stephens, Turner Construction Company

As new property development is focused on the inner city, waterfront properties, and other historic industrial sites, routine contracting practices may yield environmental hazards. These exposures are not restricted to environmental contractors; GCs, CMs, trades, and Owners all have exposure. This session will explore and present how these issues can be identified and properly addressed during due diligence, pre-construction, insurance, and contracting mechanisms.

Builder's Risk: From Disaster to Delay

The Construction Super Conference, now in its 38th year, was developed for mid- to senior-level professionals who work in the legal and commercial construction markets. Educational sessions and panel discussions address timely issues within the legal, business, and economic realms of today’s construction industry.

Participants walk away with information and resources to assist them in meeting today’s challenges. The conference showcases notable in-house and outside construction counselors and consultants who provide expert advice. The program design of the conference allows ample opportunity to network with representatives from leading construction firms and the industry’s top construction attorneys.

This program will help answer questions like:

• How to ensure you’re setting up for a successful insurance claim?
• Difference between Property Damage and Faulty Workmanship
• What is Delay Coverage?

Direct Examination: Top 15 Tips in 60 Minutes

Dec. 5, 2024 – 1:15 PM – 2:15 PM EST

Countless hours in building a solid case theme and supporting it with admissible evidence are about to crescendo in the all-or-nothing storytelling contest. Are you ready? In this online seminar, experienced trial attorneys will reveal their hard-won insights and show you how to deliver your side of the case to the decision-makers with clarity, persuasion, and force. Gain the edge with these tried-and-true trial skills – register today!

• Prepare a trial notebook that provides all the documents and info you need at a moment’s notice.
• Learn how to flush out jurors’ true biases and attitudes during voir dire.
• Discover the recipe for opening statements that resonate with jurors.
• Get practical pointers on introducing exhibits and responding to objections.
• Refine your direct and cross-examination skills with tips from veteran trial attorneys.
• Make the most of your last arguments before the jury head into deliberations.