Events

Construction A to Z: Insurance and Risk Assessment

Tuesday, August 29, 2023

Gregory D. Podolak, Saxe Doernberger & Vita, P.C.
Sue Ritchie, AMESCO

Knowing which type of insurance is needed for a particular project is very important when assessing risk, budgeting, and complying with the law. To help explain the specialized world of construction insurance, we are joined by an insurance coverage attorney and an in-house risk manager to discuss the types of insurance policies available and what they cover.

Decoding the ISO CGL Form: Mastering the Basics of Commercial General Liability Insurance

Wednesday, August 16, 2023 – 2:00 PM EDT

Will S. Bennett, Saxe Doernberger & Vita, P.C.
Amy Lamb, CR Solutions
The Hard Market
Moderated by: Beau Lunceford and Trevor Casey, CR Solutions

In this exclusive webinar, industry experts break down the complexities of ISO CGL Forms and share strategies to optimize coverage, mitigate risks, and enhance client satisfaction. Discover the essential components of ISO CGL Forms and gain the confidence to navigate insurance policies with ease.

This webinar is designed to provide insurance professionals with a comprehensive understanding of ISO CGL Forms and its impact on insurance policies. Whether you’re an experienced professional or new to the industry, this webinar will equip you with actionable insights and practical tips to enhance your expertise.

Watch to learn:

1. Mastering the Components: Learn about the critical elements of a standard CGL Policy, including the two integral parts – the Insuring Agreement and the exclusions. Understand how these elements shape the coverage provided by the ISO Form.
2. Triggers and Definitions: Dive into the intricacies of how the ISO CGL Form is triggered and applied by understanding key definitions like bodily injury, property damage, occurrence, and incident timelines. Explore the implications of these definitions on policy coverage.
3. Exclusions and Implications: Gain valuable insights into the implications of exclusions on the ISO Form’s application. Delve into real-life exclusion examples and clause interpretations to enhance your understanding of potential coverage limitations.
4. Who is an Insured: Unravel the complexities of classes of insured, including Insureds, Named Insureds, and First Named Insureds. Explore Section II – Who is an Insured, and understand the significance of Additional Insured Endorsements.
5. Expert Insights from Industry Leaders: Benefit from expert insights shared by insurance, legal, and administration professionals. Gain a 360-degree perspective on the ISO CGL Form from these seasoned experts.

The Significant Impact of House Bill 837 and Senate Bill 360 to Risk Managers

Friday, July 28, 2023 – 9:00 AM EDT

Gregory D. Podolak, Saxe Doernberger & Vita, P.C.
Holly A. Rice, Saxe Doernberger & Vita, P.C.

In early 2023, Governor Ron DeSantis signed into law House Bill 837 and Senate Bill 360. These bills significantly impact critical aspects of modern FL Civil litigation and have significant impacts for Risk Managers in Florida. We will discuss key changes for policyholders, recovery of fees fees from certain policies, reduces the statute of repose and more.

Building an Insurer Bad Faith Claim

Jasjeet K. Sahani has partnered with LawPracticeCLE to create an on-demand CLE titled, “Building an Insurer Bad Faith Claim”. This seminar provides a basic primer on insurance bad faith with a focus on New York and Connecticut law. Jasjeet discusses in detail substantive vs. procedural bad faith claims, common law vs. statutory law, and many other topics. The course can be purchased and viewed online here.

Maximizing Builder's Risk Outcomes in Today's Climate

Monday, July 17, 2023 – 2:45 PM – 3:45 PM CDT

Jeffrey J. Vita, Saxe Doernberger & Vita, P.C.
Greg Czarnik, PROLOGIS
Eric Smith, Marsh-McLennan

As contractors and owners face rising costs, supply chain issues, and a short supply of labor, this panel will discuss best practices relating to optimizing builder’s risk outcomes in today’s economic climate.

Learning Objective 1

Comprehend how to approach the builder’s risk insurance placement in a proactive, collaborative manner, and that all stakeholders are gathering the right data that ensures that the right coverage is arranged, at a competitive price point, and is incepted and terminated at the right times.

Learning Objective 2

Learn about important coverage extensions available that can assist in the mitigation of challenges associated with today’s challenging economic climate as well as important coverage restrictions to avoid.

Learning Objective 3

Learn how to assemble and orient the right team before a claim event to efficiently navigate builder’s risk claims, including broker claim advocacy, claim adjuster, claims quantification/preparation consultant, mitigation contractor, building consultant, and coverage counsel.

Learning Objective 4

Understand the faulty workmanship exclusion and how to determine which LEG is right for your project and sufficiently compliant with upstream contract requirements. Know the latest builder’s risk coverage litigation trends and which coverage clauses to avoid.

Learning Objective 5

Develop a toolkit to protect your organization from “course of construction” risk when another project stakeholder is responsible for procuring the builder’s risk coverage. Know your rights as an insured as well as common coverage pitfalls to be mindful of.

Webcast Understanding Cyber Insurance What Every Attorney Should Know

Thursday, June 22, 2023 – 9:00 AM – 11:15 AM EDT

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

Why do law firms need cyber insurance?

• What types of cyber risks do lawyers face?
• Cyber claim statistics and status of the cyber insurance market
• What’s covered under a cyber policy (and what’s not)
• How cyber insurance ties in with other lines of coverage that law firms would typically have

In a world where new cyber threats emerge day after day, it is so important that every attorney understand the insurance market and how insurers are trying to keep pace with the ever-evolving risk exposures created by the non-stop advancement of technology and the non-stop activities of cyber criminals.

Whether we like it or not, attorneys are not immune to cybersecurity risks. If not properly insured, even a small cybersecurity event can have a significant impact on a law firm’s bottom line. This program will explore the types of cyber risks that lawyers face and how to manage those risks through insurance. The panelists will discuss what’s covered under a cyber policy (and what’s not), how cyber insurance ties in with other lines of coverage that most law firms already have, and how to fill cyber gaps while avoiding mistakes in a law firm’s existing insurance program.

Insurance Issues with Controlling Non-Point Source Pollution

Friday, June 16, 2023 – 11 AM – 11:45 AM EDT

Brian J. Clifford, Saxe Doernberger & Vita, P.C.
John Heft, RT Environmental & Construction Professional

The Bigger They Are, The Harder They Fall – Analysis of New and Emerging Risks in Large Scale Construction Projects

Friday, May 19, 2023 – 9:30 am PST

Cheryl L. Kozdrey, Saxe Doernberger & Vita, P.C.
Cameron Kalunian, Lewis Brisbois Bisgaard & Smith LLP
Ken Kasdan, Kasdan Turner Thomson Booth LLC

Although construction projects come in all shapes and sizes, as a general rule, the largest projects have the greatest risk. Public Works, High Rise Buildings, Stadium, and Hospital projects represent a significant market share of construction today and a disproportionate share of litigated claims. With the involvement of multi-tiered subcontractors, various levels of design professionals, and high dollar value contracts, even the smallest problem in a large scale construction project can result in significant risk to all parties involved – including CGL carriers and sureties. These issues are compounded by the influx of design-build project structures that invoke new risks and overlapping liability between contractors, design professionals, and those with dual roles, triggering a complicated interplay between CGL and professional insurers.

In this session, the presenters will explore the common and emerging risks that are unique to large scale construction projects, analyze liability policy language relevant to adjusting these emerging risks, explore how courts may resolve coverage disputes involving these issues, and discuss proactive strategies for litigating disputes involving these projects – including discussion of the unique aspects of expert discovery and mediation in these types of claims. Finally, through examination of some case studies, the panel will set forth best practices for coverage determinations, adjustment of claims, and litigation (including best practices for expert discovery) in disputes involving large scale construction projects.

Learning Objectives:
– Identification of new and emerging risks either unique to or prevalent in large scale construction projects
– Identification of “hot” coverage issues and recent cases
– Understanding of the unique issues related to large scale Design/Build projects
– Understanding mixed claims and the impact of same on underlying litigation
– Providing strategies for targeted tenders
– Identification and understanding of unique expert issues typical to disputes involving large scale construction projects

Weathering the Storm: Insurance Coverage for Natural Disasters

Wednesday, May 17, 2023 – 4:30 PM – 6:00 PM EDT

Sandra Nathans, Law Offices of Wanda Chin Monahan, LLC (Moderator)
Bethany L. Barrese, Saxe Doernberger & Vita, P.C.
Jared T. Greisman, Kennedys Law LLP
Hubert Klein, Eisner Advisory Group, LLC

Natural disasters such as hurricanes, wildfires, and ice storms pose a significant threat not only to health and safety, but also to financial wellbeing. Individuals and businesses alike can suffer catastrophic economic losses as a result of a large-scale natural disaster, and the rise in natural disaster occurrences in recent years has impacted the insurance industry for both policyholders and insurers. While insurance coverage can be a useful tool in recovering from this type of loss, familiarity with the types of policies that may respond – and the potential roadblocks to coverage – is key to managing this resource. This session will discuss insurance coverage considerations for claims stemming from natural disasters, common legal issues that can pose a challenge to full insurance recovery, and best practices for reporting and documenting claims.

Cyber Coverage in an Era of International Sanctions and Cyber Warfare

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

2022 marked the beginning of the first war between developed nations in decades – two nations at the forefront of cyber warfare trends. As western nations doled out sanctions, private industry watched closely, given Russia’s history of using its cyber program to cause serious disruption throughout the private sector for political gain.

The discourse around cyber issues like these is dominated by discussion of a small handful of case law decisions addressing a narrow band of issues, but the reality is, the issues that drive most cyber insurance claims are different issues. This presentation aims to give participants a deeper understanding of those aspects of cyber insurance that actually drive claims. These issues, like the measure of business interruption and coverage for an insureds’ infected physical assets, are issues that are handled dramatically differently from insurer to insurer, but are also ones that can be prevented, with some advance preparation.

Workers' Compensation Liens and Subrogation

David G. Jordan, Saxe Doernberger & Vita, P.C.
Courtney C. Stabnick, Strunk Dodge Aiken Zovas, LLC
Nicole A. Fluckiger, McGann Bartlett & Brown

This seminar will focus on how worker’s compensation liens are handled in civil claims and is perfect for beginning attorneys and more experienced attorneys who want a refresher and who practice in both personal injury claims, civil litigation, and workers’ compensation claims.

Managing Risk Transfer for Construction Project

Wednesday, April 19, 2023 – 6:00 PM – 7:00 PM EDT

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

Indemnity provisions and insurance requirements are crucial to avoid disputes about who will pay when accidents happen. This program will cover best practices for drafting risk transfer provisions in construction contracts, making a claim for additional insured coverage, and avoiding common risk transfer pitfalls.