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Dec 14
2022

NJSBA Hot Topics in Construction Law 2022

2022 marked a year of many new developments impacting the practice of construction law. At this convenient morning virtual program, a panel of respected New Jersey construction lawyers will address some of the hottest issues and recent developments in this area of law.

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.

Dec 06 - Dec 07
2022

5th Annual Construction Defect ExecuSummit

Mohegan Sun Hotel & Convention Center
1 Mohegan Sun Blvd, Uncasville, CT

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.

Dec 06
2022

CBA YLS: An Introduction to Insurance Law Through a Construction Lens

Presented by Connecticut Bar Associations Young Lawyers Section

This CLE serves as an introduction to typical types of insurance law and issues related to construction projects. Experienced attorneys in the fields of insurance law and construction law will provide an overview of typical insurance policies that interface with construction projects, including Commercial General Liability Insurance policies and Errors & Omissions policies. Attendees will learn the coverages typically provided under these policies and explore related legal topics and issues which impact the often interrelated practice of insurance law and construction law within the state.

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
Nov 13 - Nov 16
2022

2022 IRMI Construction Risk Conference

The Cosmopolitan Las Vegas
3708 Las Vegas Blvd S, Las Vegas, NV

At the IRMI Construction Risk Conference (CRC), you’ll experience top-tier speakers, focused construction risk and insurance content, and innovative ideas for contractor risk management and insurance programs. Whether you attend in person or join us virtually, you’ll take away practical tips for proactively controlling risks, mitigating losses, negotiating equitable insurance and contract terms, and managing claims.

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.

Nov 02
2022

BOMA Georgia – Hot Topics in Risk Management and Commercial Insurance

Westside Motor Lodge
725 Echo Street West, Atlanta, GA

The commercial real estate industry has been through quite a transformation in the past three years. There are new possibilities and opportunities, but there are also new obstacles and challenges. This is certainly the case when reviewing the increasing risks that properties face.

This 3-hour workshop given by Commercial Property & Casualty (P&C) Insurance and Risk Management leaders in the Atlanta Market, will review various hot topics the industry faces today that will be sure to give valuable insight and explore both benefits and solutions that property management professionals should consider when evaluating risk management and insurance decisions.

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
Oct 13
2022

2022 ABA Women in Insurance Network (WIN) Regional CLE Program

Crowell & Moring LLC
1001 Pennsylvania Avenue NW, Washington, DC

SDV Northeast Managing Partner Theresa Guertin is the Co-Chair of the 2022 ABA Women In Insurance (WIN) Regional CLE program.

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.

Oct 12
2022

Perrin Conferences: Sexual Abuse Litigation and Coverage Conference

Sheraton New York Times Square Hotel
811 7th Avenue, W 53rd St, New York, NY

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
Sep 21 - Sep 23
2022

2022 CLM Construction Conference

Hotel del Coronado
1500 Orange Ave., Coronado, CA

For over a decade, the CLM Construction Conference has been the largest gathering of insurance and litigation professionals serving the claims industry. Each year, it brings together hundreds of risk managers, claim managers, attorneys, and builders from across the country.

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.

Sep 14
2022

Construction Litigation of Additional Insured Endorsements

This CLE course will provide counsel for construction companies with guidance on the use of additional insured requirements in contracts and their role in passing insurance obligations through to subcontractors and suppliers. The panel will discuss the circuit split related to the need (or not) for contractual privity between the putative additional insured and named insured, and the risks associated with blanket additional insured endorsements rather than an endorsement specifically naming an additional insured. The panel will address what recent decisions in New York, Texas, and California tell counsel regarding future enforcement of additional insured endorsements.

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.

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.

Aug 30
2022

NJSBA/ICLE Insurance Law Section – Insurance Law Institute

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.

Jul 26 - Jul 30
2022

2022 Florida RIMS Educational Conference

The Ritz Carlton
280 Vanderbilt Beach Rd, Naples, FL

Welcome to the 46th Annual Florida RIMS Educational Conference, the premier State Risk Management Educational Conference. Don’t miss the array of outstanding risk-related conference sessions offered throughout the week. Keep informed on the latest industry trends and insights. Information updates by respected insurance professionals and risk managers will keep you up to date.

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.

Jun 28
2022

NJICLE 2022 Construction Law Forum

New Jersey Law Center
1 Constitution Sq., New Brunswick, NJ

The 2022 Construction Law Forum will provide a day of in-depth analysis of some of the most common areas in construction law. At this very useful program, our panel of recognized New Jersey authorities will provide a practical and strategic discussion of the current legal encounters they have faced involving the construction lien law, contract drafting in a post pandemic world, construction issues involving condominiums and community associations, electronic public bidding, litigation involving the design professional, an update on construction insurance law, and special segments on women in construction law, and ethical issues in construction mediation.

This is an extraordinary opportunity for construction lawyers and general practitioners to hone their skills. Join our blue-ribbon panel as they discuss these important topics.

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.

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